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Manish (Architect)     04 January 2010

Property Dispute - Unregisterd Relinquishment

We have a property duly in joint name of my mother and father's youngerbrother purchased 1977. The whole amt was paid by mother and out of my father's affection he induced his brother's name as joint owner. We had faimly settlement in 1994 (orally) and he signed the relinquishment deed (unregistered as of now). He filed a case in court denying any settlement and deed although admitted in his cross examination that he has signed the deed.  My question how can we prove our title and how can we prove that relinquishment deed is valid without registration as he has admitted it. Please advise urgently



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 2 Replies

J.D.Sharma (lawyer)     04 January 2010

An unregistered instrument cannot transfer title in an immovable property exceeding Rs.100/-, as such i am afraid that relinquishment deed will not help you much other than to prove and to show the nature of the possession subsequently
held. however if acting upon that document something is done that could be useful. i am enclosing certain authorities please see they are of any help


Attached File : 10 10 the documents of which registration is necessary under the t.doc downloaded: 163 times

Manish (Architect)     04 January 2010

Thanks for the reply, please can you elaborate more on ' however if acting upon that document something is done that could be useful'. Also request you to please advise on way forward about proving the deed or considering it for title.


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