Relinquishment deed after preliminary decree in partition suit

Querist : Anonymous (Querist) 27 January 2012 This query is : Resolved
Sir,

Whether it is valid and proper when a unregistered relinquishment deed is executed immediately after preliminary decree. When the shares have been declared in preliminary decree the person will have to execute a sale deed and not relinquishment deed. Whether the relinquishment deed is hit by Section 52 of Transfer of Property act. If it is executed is there consideration amount to be mentioned in the deed. Can market value be taken for consideration amount or compulsory nominal rate to be taken into consideration. If market value is taken into consideration then it will become a sale deed. What is the difference between compromise deed and relinquishment deed.

Please kindly enlighten me.

Thanking you

MSN

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Shonee Kapoor (Expert) 27 January 2012
Relinquishment deed can not have any consideration, if there is a consideration, it would be treated as sale.

Regards,

Shnee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 28 January 2012
unregistered relinquishment deed written during pendency of court proceedings or otherwise also is void, inadmissible and not recognized in law.

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