(Querist) 15 July 2021
This query is : Resolved
The Legal Heirs have executed the Release Deed, and gave their rights to one of their Brother Mr. X. In the release deed the schedule of the property is not attached, instead only mentions a generic term "all their interest in the property and released all their property to Mr. X". After executing this release deed Mr. X sold the property to Mr. Y and now my company is planning to purchase the same from Mr. Y.
1) Is that Release deed considered to be a valid document as per Law? 2) If Schedule of the Property is not attached with the release deed, will it be fine? 3) Does legal heir have any right to claim / object in the future for the said property? 4) Is my company safe to purchase the said property?
(Expert) 15 July 2021
1) ok. 2) ok (3) No. (4). Yes subject to, you have to verify EC for 30 years period taken from the Sub Registrar concerned or online through E-Seva center and after obtaining original documents. And you have to verify whether the S.No. of the property falls under prohibited property or not.
Dr J C Vashista
(Expert) 16 July 2021
Answer to all the questions is negative.
Release deed without description of property is incomplete and invalid.
It would be appropriate to consult a local prudent lawyer for proper appreciation of facts and circumstances and professional advise.
Shashikant V. Patil
(Expert) 16 July 2021
I agreed to our learned Shri Vashista Sir, His answer is well stated that " Release deed without description of property is incomplete and invalid". Why because , by virtue of this release deed how, and for which properties , the rights and interest of those legal heirs , who relinquished their rights will be mutated in the record of rights of the specific properties. The said deed executed without the ingredients of description of property is null and void.
(Expert) 16 July 2021
The provisions of Section 21 and 22 of the Registration Act mandate the description of the property in the document to b registered must be sufficient to identify the property -
"21. Description of property and maps or plans.—(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.
(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.
(3) Other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.
22. Description of houses and land by reference to Government maps or surveys.—(1) Where it is, in the opinion of the State Government, practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [State Government may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.
(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property"
Thus, it could be seen that the Law has not, in any way, mandated schedule of the property to the document to be registered. The legal requirement is only the wholesome description of the property enabling its identification. In other words, the registration of the document, by itself, confirms that the description therein is sufficient to identify the property.
(Querist) 20 July 2021
Thank you all for the specific and relevant replies.
My Query is if the Description of the property is not mentioned properly in the Release deed, in such case before purchasing a land from Mr. Y can my Company demand for rectification deed, under sec. 26 of specific relief act? (Note: The year of Release Deed is 1997)
(Expert) 20 July 2021
As already pointed out, it is the elementary requirement for registration that document to be registered should be that the description of the property should be sufficient for its identification. Thus the very fact that the property is registered renders any rectification deed, as suggested, superfluous.