Relinquishment in allotment

Ram Prakash (Querist) 24 August 2022 This query is : Resolved
My father was allotted a property by Noida Authority Before Lease Deed could be executed in his favor he died without leaving a will.

My sister is ready to relinquish her right in my favor.

Noida Authority is asking for following :

"Affidavit(s) on stamp paper of Rs.10/- duly notarized in the prescribed format by the other legal heir(s) of the deceased allottee willing to forgo their claim in favour of the legal heir claiming transfer."

My question is that whether Registration is mandatory for such relinquishment of claim in Allotment ? or Notorised Affidavit is sufficient.

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This discussion concerns the relinquishment of rights in a Noida Authority property allotment after the allottee's death without a will. The Noida Authority requires an affidavit from other legal heirs willing to forgo their claim. While some suggest a registered relinquishment deed is mandatory for immovable property, others argue that since the allotment itself is an unregistered document (a contract), a registered relinquishment deed might not be necessary. The consensus leans towards the authority's specific requirements, suggesting compliance with their affidavit format first, and seeking further clarification if issues arise.

kavksatyanarayana (Expert) 24 August 2022
A notarized affidavit is not sufficient, as the relinquishment deed is a compulsorily registerable document. Hence you have to obtain a registered relinquishment/release deed from the other legal heirs.

Ram Prakash (Querist) 25 August 2022
Thanks for reply.

But some other lawyer told me that Allotment is not an registered document. Registration of relinquishment of an unregistered document is not mandatory.

As allotment is only a contract and it does not transfer any title, right and interest in property. A sale deed is necessary for such transfer.

kavksatyanarayana (Expert) 25 August 2022
The allotment letter is not a registered document. You have to obtain a sale deed.

Advocate Bhartesh goyal (Expert) 25 August 2022
Relinquishment deed requires compulsory registration whether such deed is used for issuance of allotment letter or sale deed.

P. Venu (Expert) 25 August 2022
Generally, relinquishment deed in respect of immovable property requires to be registered. However, in the given facts, it is the NOIDA which can give the proper guidance.

Dr J C Vashista (Expert) 28 August 2022
Relinquishment deed has to be compulsorily registered.
Notarized affidavit of legal representatives of deceased allottee is improper and invalid document to transfer his share / title.

T. Kalaiselvan, Advocate (Expert) 30 August 2022
You in your original post has mentioned the following contents:
"Affidavit(s) on stamp paper of Rs.10/- duly notarized in the prescribed format by the other legal heir(s) of the deceased allottee willing to forgo their claim in favour of the legal heir claiming transfer."

From the above it is clear that the authorities have not insisted you to obtain the relinquishment deed by a registered document, instead they have directed you to furnish the same on a Rs. 10/- NJS paper, therefore your unnecessary doubts and listening to various opinions will lead you to nowhere, hence you may first comply with the requirements as directed by the authorities, if at all there is any issue on that, you can get it clarified from them itself or you can approach the expert lawyer/consultant on all such further issues.

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