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Janarthanan   09 February 2023

Validity of relinquishment deed

Dear Ld Experts,  

With due respect, I put below my query:

State: Tamil Nadu, Family: Hindu family.  A father died intestate leaving a land property inherited from his father. There are five legal heirs (wife, son and three daughters).  After the death of father, without making any partition deed a part of land was sold ten years ago and all the five legal heirs signed the sale deed which they are aware of it.  However, at the time of signing sale deed, a relinquishment deed was also made in favor of son and got it registered for the balance portion of land.  Before going to the Registrar's office for signing the sale deed one daughter was informed about only the sale deed but not about the relinquishment deed.  With the trust and affection on siblings by ignoring/not reading the contents of the deeds she signed both the documents i.e., the relinquishment deed together with sale deed on the same day.  Copy of deeds were not issued to her after the registration is complete.  Only when raising the issue of partition recently she was denied of her rights and came to know about the relinquishment deed. Upon taking a certified copy of relinquishment deed from the records it was noticed that out of five legal heirs, four legal heirs as executants had signed on a single relinquishment deed with photos and thumb impressions. But, the beneficiary (son) whose favor the relinquishment deed was executed had not signed on the relinquishment deed and his photo or thumb impression is also not found on the deed.  Non-Objection Certificate was not signed by the executants at the time of executing the relinquishment deed. Mutation of property based on relinquishment deed is also not done as of date. Now the questions are:

1) Is the Relinquishment deed valid or void since all the co-owners have not signed the deed?

2) Can this Relinquishment deed be challenged?  The limitation of three years applicable in this case?

3) A judgement says (The High Court of Delhi, in the matters of Tripta Kaushik v Sub Registrar VI-A, Delhi & Anr and Ramesh Sharma v Government of N.C.T. of Delhi & Ors. Provided a distinction test to differentiate whether a deed is a relinquishment deed or a gift deed.  It was held by the court that, in matters where there are more than two co-owners, if under a deed an individual relinquishes his rights in favor of only one co-owner and not all of them, then such a deed will be recognized as a gift deed and not a relinquishment deed.).  In case this relinquishment deed is considered as a gift deed, then in place of gift deed with 7% stamp duty, a relinquishment deed considered as gift deed with 1% stamp duty is valid? Without transfer of title in the donor's name first by way of partition deed, can a gift deed or considered to be a gift deed be executed without the beneficiary's signature?

4) Can a partition suit be initiated in this stage or suit for cancellation of relinquishment deed or both?

Looking forward to your valuable advice.  Thanks for your precious time.


 2 Replies

Real Soul.... (LEGAL)     10 February 2023

The relinquishment deed is valid, as it is registered means the document was fully understood by the relinquishing parties. Now if you want to dispute the document then you have to do very hard work to prove that you were not knowing about it. You can challenge the document for the limitation will start from the knowledge of document that is from filing of partition;, but is advised to amicably solve this issue and involve other siblings to make your brother to return your share.

Janarthanan   10 February 2023

Thanks for your views and advice sir.  God bless you. 

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