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Manish (Architect)     04 January 2010

Relinquishment Deed Unregistered but Admitted

We have a property duly in joint name with my mother and father's younger brother purchased 1977. The whole amt is 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 has now 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.



Learning

 10 Replies


(Guest)

Since your father's brother has filed a suit denying any settlement under Relinquishment Deed but later admitted it in the cross ; it is nevertheless a legally infirm document due to its non-registration.

1 Like

Manish (Architect)     04 January 2010

Thanks for the reply, please can youadvise on way forward about proving the deed or considering it for title.

Sanjay Anant Mhatre (President)     06 January 2010

considering the provisions of the registration Act and evidence Act as well as the Indian stamp Act such an agreement is not admisible in evidence further without registration of the document no rights can becreated of the person in whose favour relinquishment deed have been executed

Raghav Sood (Lawyer)     13 January 2010

is it on stam paper or ordinaly paper

Manish (Architect)     13 January 2010

it is on valid & proper stamp paper, duly signed by 2 witnesses.

Manish (Architect)     13 January 2010

Also the plantiff admits his signatures in cross examination in this exhibited document.

Nali Seshu Kumar (SOCIAL WORKER)     16 January 2010

admitted facts need not be proved as per the evidance act ,mere signature admission is not at  all possible to beleive the the  entire document ,to prove entire recitals of the said document the same is definately to be admitted in evidence, for cure the non registration  you have to send the document to pay the stamp duty and penalty to the registrict registrar of collecter stamp duties or directly pay in to court ten times than the original stamp duty you have every right to claim the said amount after passing the final order by the court from your opposite party.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     16 January 2010

Only you have chance to file a case of specific performance. if he dont like to come before the Registering Authorities to register a relinquishment deed.

SANJEEV K MISHRA (MANAGER FINANCE)     27 January 2010

My father has a land on which I want to build flat for our family. while applying for a bank loan, as my father is 70 years age, and the deed of the land is in the name of my father, the banker declined to sanction loan which i would have repaid. i am the only son and my sister is married. how can I change the name without spending much on stamp duties etc. Can we go for a relinquish deed. if so what is the procedure?

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     28 January 2010

DEAR SANJEEV K MISHRA

IF THE PROPERTY IS A SELF ACQUIRED PROPERTY, YOU CAN HAVE GIFT SETTLEMENT DEED IN YOUR FAVOUR.

S.A.NARASIMHA RAO KARRI

ADVOCATE, HYDERABAD


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