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Sambu (VP)     28 September 2010

Validity of unregistered release deed

Hi,

I would like to know whether an unregistered release deed signed on stamp paper is valid in the court of law. The release deed in reference here was signed by few legal heirs relinquishing all claims on properties owned by other legal heirs. Though every detail including list of properties in reference and payments made to them for releasing their shares were clearly mentioned in the release deed, the signed parties are claiming that it was a temporary arrangement and is not valid anymore. They are claiming their legal share once again for the same list of properties. Please note that the release deed was signed on the government stamp paper but was not registered anywhere.

Any input will help. Thanks.



 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 September 2010

A share in the immovable property can be relinquished by a registered release deed only. It should be compulsorily registered. An unregistered release deed is not valid in the eyes of law.

3 Like

Manish (Architect)     28 September 2010

Hi Sambhu,

I have recently fought a case based on unregistered release deed signed on stamp paper. The release deed though unregistered is valid in eyes of law if it proved to a faimly settlement, cases can be seen in indiankanoon.org where unregistered deed is accepted in court of law.

However unregistered release deed does not give you title of property, but will be considered as a supporting document. If a case in filed in the court, please note that you need to prove the deed to support your title in court or else your case will be out right rejected.

1. Your self witness in court.

2. Call all witness to prove it.

3. Call notary public officer/vendor to perfect it.

Hope it helps, please remember the keyword is 'faimly settlement', however your case circumstances will also considered.

Regards,
Manish

2 Like

Madan Gopal Dasaur (Advocate)     19 October 2010

I agree with my Ld. friend Archana.  However if the contents of the document can be interpreted as Memorandum of " family settlement "  then& only then it will be valid & admissible

H.D.Kumaravelu (Advocate)     20 October 2010

Sir,

  1. I would like to know whether you are one of the legal hier who got the release from the few legal hiers. If so you can rely on the same for collateral pupose on payment of stamp duty penalty for making the doument legally admissible under law.  This penalty depends on various clause such as the amount which is received by the few legal hiers.
  2. If the few legal heirs who have received the amount is below Rs 100/- in total . The douments is perfectly valid under law and need no registration. You can forget thier threat.
1 Like

Arati Gawde ( Legal )     21 October 2010

Agree, with Adv.Archana.

Bharatkumar (ADVOCATE )     22 October 2010

 I Agree, with Adv.Archanaben.


 

Rajesh kumar (self employed)     12 March 2011

Hi Archana,

 

Is it possible to register an unregistered release order at a later date?

amit87.gupta@gmail.com (amit87.gupta@gmail.com)     31 March 2011

 

Hi Ms Archana,

 

Is it possible to register an unregistered release order while the suit is pending and wat will its effect i mean it has same effect like registered earlier ?


Joseph Varghese (Senior Procurement Officer)     03 February 2013

How long is a release deed valid for prior to registering the same.


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