cpc

validity of release deed and will for an immovable property


Matter: Male A purchased a residential land from president of India through a Conveyance Deed and constructed house on it. Male A died intestate, leaving the immovable property in the hands of his non-working wife B, 2 married sons C, D and 2 daughters E, F (E is unmarried). 10 years later, C, D, E & F made a Release Deed in favor of B for mutation at municipal and other departments. 6 years later, B made a Will in favor of C, E and two sons of deceased son D; nothing for person F. 3 years afterwards, person B (who made the Will) passed away. Property is still undivided. Queries 1. Is the ‘Will’ valid as the person B was not the “owner” of property (Conveyance Deed still in the name of person A)? 2. Related to point 1 above – can a person make a Will for an “inherited” property with having gained its legal title? 3. Since the person B is now no more, does the Release Deed still hold good? 4. Can the person F now stake claim in the property under Hindu Succession Act
 
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ha21@rediffmail.com Mumbai : 9820174108

1.  IF ALL Children of Deceased person have executed a registered "Release Deed" in favor of Mother, THEN Mother irrefutably becomes the absolute Title Owner of ALL property (that belonged to Father) and such property shall be classified as "Self Acquired" property at hands of Mother, without any exceptions, whatsoever.... which includes absolute right to Sell /Gift /WILL /Donate /whatever.... to WHOM-SO-EVER  that Mother may wish to, without any legal reference to ANYBODY or permission /NOC from any of her Children/s.

2. Release Deed is Final & Irrefutable and signatory parties to the Release Deed, permanently forfeit their right for any legal dispute or remedy.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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Dear Mr. Hemant

Thanks for your detailed response. A couple of corrections in my statements...

The Matter point 2 is  - at the time of making and registering the Release Deed, the person A (deceased) had Grandchildren and Great-Grandchildren. The Release Deed did not take into account any NOC from the grand and great-grand children who had 'inherited' their part of share in the property by birth.  

Query No. 2 may be read as - Can a person make a Will for an “inherited” property without having gained its legal Title of Ownership by registering the Title in her name at competent authority/department?

PS: This is a Hindu Family. 

 

I learnt from a senior advocate in Supreme Court that a Release Deed had two purposes - a) to empower the Mother (person B) and b) to get the property mutated at municipal and other departments for the purpose of paying taxes, etc. Using this instrument, the Releasee was required to Transfer the Title in her name in her lifetime. After her demise, the RD is dead as the Title of Ownership continues to remain with the original owner as per the Conveyance Deed. Hence, the property should devolve to legal heirs as per Hindu Succession Act. 

Request for your views on this. 

 

Thanks and good regards

 
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ha21@rediffmail.com Mumbai : 9820174108

1. IF the "Senior Advocate of SC" has opinioned that "After her demise, the RD is dead as the Title of Ownership continues to remain with the original owner as per the Conveyance Deed"   THEN apprehensively the advocate needs to go back to Law school, for further orientation relating to Conveyance /Transfer of Property matters.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Thanks Sir

 
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subregistrar/supdt.(retired)

As all her children executed a Release dee, she has become the owner of the property which shall be treated as self-acquired.  So she has every right to execute the Will/Sale/Gift or any transfer as she wishes.

 
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Dear Mr. Hemant

I transferred your views to the learned advocate. Meantime, I did some findings in Supreme Court cases- 

- The Supreme Court observed that it has been consistently held by it that the mutation entries of land in the revenue records does not create or extinguish the title over any land nor does such an entry have any presumptive value on the title of such land. Such an entry only enables the person in whose favour the mutation is ordered to pay the land revenue in question.

In reiterating the above settled position of law, the Supreme Court relied upon the following judgments:

  • In Sawarni (Smt.) Vs. Inder Kaur (1996) 6 SCC 223, the Supreme Court held that the mutation of a property in the revenue record does not create or extinguish title nor does it have any presumptive value on the title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question.
  • In Balwant Singh & Anr. Vs. Daulat Singh (dead) by L.Rs. & Ors. (1997) 7 SCC 137,  similar observations were made by the Supreme Court, where it was held that a party is not divested of his title in the suit property as a result of mutation entry.
  • In Narasamma & Ors. Vs. State of Karnataka & Ors. (2009) 5 SCC 591, the Supreme Court reiterated the above position by observing that it is true that the entries in the revenue record cannot create any title in respect of the land in dispute.

Now, in the scenario I presented, it is evident that the Law holds good. 

Since the Releasee did not hold the Title of Ownership of the said property and the Conveyance Deed still spells the actual title owner, the Releasee had no power and right to write a Will. So the Will is void on these grounds and on the ground that the Release Deed, on which the Will is based, itself is invalid. 

 

Thanks and good regards

 
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ha21@rediffmail.com Mumbai : 9820174108

REFER YOUR ORIGINAL QUERY:
1. "A" becomes Title Owner via "Conveyance Deed" (and apprehensively the mutation /transfer was done in the Revenue /Municipal records).
Here there are Two components:
a) Conveyance Deed is done under the "Transfer of Property Act".
b) Mutation in Revenue /Municipal records, based on Conveyance Deed.
c) Here it really does not matter even IF Mutation is not done in Revenue /Municipal records.

2. "B" becomes Title Owner via "Release Deed" of other Hindu Legal Heirs (and apprehensively the mutation /transfer was done in the Revenue /Municipal records).
Here there are Two components:
a) Release Deed is done under the "Transfer of Property Act".
b) Mutation in Revenue /Municipal records, based on Conveyance Deed.
c) Here it really does not matter even IF Mutation is not done in Revenue /Municipal records.

3. YOU ARE ALSO INFORMED THAT:
a) Conveyance aka "Title Ownership" of Property can be irrefutably transferred via Sale Deed, Gift Deed, WILL, Release Deed, Relinquishment Deed, Family Settlement Deed, Partition Deed, Probate Decree by Court, Letter of Administration by Court, Sale Certificate, and so on ....
b) Here it really does not matter even IF Mutation is not done in Revenue /Municipal records, which is a mere administrative formality.
c) Not Mutating /Transferring /endorsing Conveyance  in the Revenue /Municipal records, does not or will not take away the right of  Conveyance alias "Title Ownership" of Property.
d) Above Point 3(c) is equivalent of the various Court judgments quoted by you.

4. In conclusion, IF legal heirs of "A" had executed a Release Deed in favor of  "B", THEN it means that they have perpetually given up their legal heir rights via the Release Deed (which is a Conveyance Document). 
a) IF "B" has received irrefutable property rights of "A", via Release Deed (which is a Conveyance Document), THEN "B" becomes Title-Owner and is entitled to Sell /WILL/ Gift /Donate /whatever.... to whomsoever "B" wishes to.

5. WHAT IS THE PROBLEM IN UNDERSTANDING THE ABOVE:
UNLESS you wish to say that:
a) "Release Deed" is not a  "Conveyance Deed"
b) Title Ownership CANNOT be Conveyed via Release Deed.
c) Further you might also prefer to say that following modes are also NOT Conveyance of Title Ownership:  Sale Deed, Gift Deed, WILL, Release Deed, Relinquishment Deed, Family Settlement Deed, Partition Deed, Probate Decree by Court, Letter of Administration by Court, Sale Certificate, and so on ....

6.  IF you expressly confirm above point no. 5, THEN the last resort is to get Apex Court order  declaring the above modes as Conveyance .OR. NOT Conveyance of Title-Ownership.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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