LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sachidananda Rath   29 September 2020

Partition Deed and Relinquishment Deed for Property.

Partition Deed is executed before the Judge in the court and Registered Relinquishment Deed is executed before the Sub Registrar.

Which of the above deeds carry more weightage in view of the difference in highearchy between a judge and a subregistrar.

Can both the deed be challenged again by executors in court of law if executed out of free will (mentioning in deed)?


 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 September 2020

What is your problem?  If you have any doubts, post full facts to get proper replies.

Sachidananda Rath   29 September 2020

A lease hold property purchased for lease price Rs1200/- in 1966 from Govt Odisha by my father died intestate in 2002 leaving behind legal heirs myself (son), 3 married daughters living in rich family and widow wife.

In 2011 the above 3 married sisters and widow mother relinquished the above property in my favour by executing registered deed mentioning out of free will in deed and signing on the deed in front of Govt Camera and Sub Registrar.

On the basis of above registered relinquished deed and premium of Rs1500000/- paid by me to Govt as conversion fee from lease hold to free hold, the Government Odisha issued Patta ROR in my favour in 2012 as sole owner of the property with all reversionary rights.

The sisters have taken Rs3000000/- in cash from me by hook or by crook by exploiting fraternal emotions.

Now, in 2020 above 3 married sisters are demanding exorbitant money from me or else threatening me to sue me in court of law and cancel the registered relinquished deed.

Can a registered relinquished deed executed in 2011 out of free will be cancelled in 2020 by 3 executants (sisters) when the other executant (my widow mother) and the beneficiary (myself) do not give consent for cancellation and also in view of issue of Patta ROR by Government in my favour as sole owner with all reversionary rights and duly converting propertyromrom lease hold to free hold on receiving Govt conversion fee Rs1500000/- from me including conducting bonafide verification of the relinquished deed and not obtaining any complaint within due time of Government notification?

Your valuable jurisprudence on the matter is highly solicited.

Mobile no.9692089815

Vishwa Bhushan Arya (Service)     30 September 2020

Dear Gentleman;

Any of your 3 sisters cannot succeed in their challenge to Registered Relinquishment Deed unless they can substantiate some fraud played upon them.  Burden will be upon them to prove the alleged fraud.  If they appeared physically before the Registrar and presented the document for registration, then even fraud cannot be alleged.


Vishwa bhushan arya

Dr J C Vashista (Advocate)     30 September 2020

Seek guidance of your lawyer, who is well aware about facts and circumstances of the case(s) and an able, competent and intelligent enough to satisfy your queries. However, if still not satisfied you may consult another local prudent lawyer with relevant documents for better appreciation of facts/ records, professional guidance and necessary proceeding.

G.L.N. Prasad (Retired employee.)     30 September 2020

You have in total opened 23 posts in a month on the same subject, when it is easy for you to get such a remedy from a local advocate.

Sachidananda Rath   30 September 2020

Respected G L N Prasad Sir,

Myself a senior citizen. At the fag end of life receiving threats and blackmailing from my near and dear sisters and brothers in law to sue in court only for money since now the market price of land has increased, has shocked me leading to loss of peace and sleep.

Being new member of your esteemed club and in order to get learned advice, I have posted the issue as stated by you due to my ignorance on the rules and principles of the club.

I am extremely sorry for the posts.

Thank you.


G.L.N. Prasad (Retired employee.)     30 September 2020

@Sachidananda Rath,

Sir, I am extremely sorry if my comment caused hurt to you without my intention as such.

My only submission is that this forum can offer only first aid, in complicated cases, after going through facts, documents, and circumstances ultimately it is the local advocate that can help.  

It is absolutely true that this confusion on the law and application of the law is causing untold suffering to many and it kindled hopes in several female members who were married 50 years back also and they are taking a chance ignoring the limitation law and personal relations.

We never judge any member and our focus is on suggesting a possible remedy only.


1 Like

P. Venu (Advocate)     30 September 2020

The relinquishment is final and binding. Any civil action, in the normal course, is barred by limitation. There is nothing to be concerned till they move the court. Once they move the court, any suggestion as to the defence you can adopt, depends on their pleadings. 

Sachidananda Rath   30 September 2020

Respected P Venu Sir,

I am extremely thankful for your valuable opinion on the issue.

The recent Supreme Court judgement dated August 11,2020 on Hindu Succession Act has emboldened the married female members of families to litigate and dispute the father's property notwithstanding the brothers discharged responsibility in getting them married into rich family and giving them lakhs of assets including money to live peacefully in in law's family house including other regular festival ritual expenses. As a result the eternal fraternal and family relations are being attained.

There are instances that the married daughters are staying in fathers house along with their husband without going to their in law's house to establish their right as per above judgement.

So, Hindu families will be shattered after this judgement.

Thank you.


Vishwa Bhushan Arya (Service)     30 September 2020

dear gentleman;

who has denied right to your sisters? No one!

they had right which they have relinquished in your favour.  the judgment of 2020 of Hon’ble SC does not even come into play in their favour under the facts explained by you in as much as they have already taken cognisance of their right and thereafter acknowledging and admitting such right, they did under freewill relinquish their rights in your favour.  How would one relinquish right , if one did not have it. Moreover, the statue of limitation is in your favour.  do not panic.  relax.  do not take any step.  in case they file any action, contest it with the help of your lawyer or you can also take legal help from state legal services authorities if you so desire.

Vishwa bhushan arya


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register