• Relinquish Deed validity

SUMMARY: 
We (myself & my wife) have recently bought flat in Delhi from Say 'A' through registered sale deed. Recently brother of 'A' say 'B' has filed a case with Distt court stating his brother 'A' has cheated him as he has not paid him full amount from elder brother 'A' which he orally promised to pay him for executing Relinquishment deed in favor of 'A'. Parties in this Case: "A", Sub Registrar & DDA 
* On the perusal of petition submitted by younger brother 'B' to Distt court, it is mentioned that on 24/11/16 as well they (both brother) went to SR office for executing RD & Further on 28/11/17 younger brother 'B' has given complaint to SR, as by that time RD was not registered on record of SR, hence SR has not registered this RD executed on 24/11/16. 
His prayer to court is as follows: 
1. To direct Sub Registrar to cancel RD through which 'B' has relinquish his rights on property in question to 'A'. 
2. To direct DDA (Delhi Development Authority is nodal agency for Executing Conveyance Deed (Free hold ) in delhi) to not process application to Freehold the property in question (* point to be noted here is property already got freehold in favor of 'A' (Substituted)).
3. To stop sale & purchase of property in question (* point to be noted here is that I have purchased property in question from 'A' much before filing of suit by 'B').
{Precisely in Legal Language:- “ Suit for Partition, Declaration and Cancellation of Relinquishment Deed and Permanent Injunction + Application for seeking AD-Interim Ex-Parte injunction in respect of suit property against the defendant. }
# The physical possession of property is with me.
# We have purchased this flat on loan from MNC bank, all property papers were thoroughly checked by bank lawyer & given his clearance. 
# We are not party in present case. 
Question:
1. Is RD in this case can be cancelled in above case? 
2. What action court can take in this regard which may affect my interest/ownership of property? 
3. What action do we need to take proactively to safeguard our interest?
4. What if “A" don't pursue this case in court?
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1. Without going through the plaint of the case filed by B it is very difficult to say that your registration would be cancelled. The information given by you is too little to make comment on the merit of the case.

2. So to protect your interest you can apply for addition of your name in the said suit.

3. You can try to find out the buyer and sell the proeprty.

4. Then B may get one sided order in his favour. Hhence it is important that you become party to the suit to defend your title.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1) RD would not be cancelled

2) court can direct maintenance of status quo pending hearing and final disposal of case

3) you ought to make intervenor application for being added as party

4) if A does not defend case court may pass orders in favour of plaintiffs

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. It is not possible to cancel the relinquishment deed so easily on any such flimsy grounds.

2. It depends on the trial and arguments by both sides, but the plaintiff's case appears to be very weak.

3. If need by you can file a petition seeking to implead you as a necessary party to the suit on the basis of your purchase of the said property in dispute.

4. That is why you have been told to implead yourself as a necessary party to the suit.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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