• Relinquish deed was not registered, is it valid in court?

I purchased a property, from my relative, 5 years back, they have 1 brother X and 1 sister Y, on the day of registration, brother had ID card but the sister does not have any ID proof, so we asked the sister to provide a Relinquish deed in favor of his brother in 20 rupees stamp paper. . Then the brother registered the property in my name. But the Relinquish deed was not registered at that time. Later when we approached Thasildhar for patta transfered, he said only one legai heir has registered the property, but other one has not registered the property, so we cannot transfer the patta.

Sister Y has signed as witness in the sale deed, does that have value in court ?

Now we approached the sister Y, to register the Relinquish deed, but now they are demanding money.

Since we have settled the entire amount during the registration, we said we cannot give money.

What are the remedies for this.

1. Is the unregistered Relinquish deed valid in court ?
2. Can they claim 50% ownership of the property ?

What the next steps we need to take ?
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1. The unregistered relinquishment deed is not valid in law and cannot be contested in court.

Actually as far as any transaction related to immovable property shall be valid only when the deed executed is registered by properly paying the stamp duty and the registration charges.

2. She has share in the porperty hence she may come with her claim seeking partition, you can catch hold of the vendor to clear this legal hassle.

She has to execute a registered relinquishment deed in her brother's favor

There are little complication in regularizing it, you may contact a local advocate who will be able to solve this complication.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

deed of relinquishment has not been registered . it is in admissible in evidence

2) merely because sister has signed as witness does not imply that she has relinquished her share in property

3) sister can file suit to claim her share in property .

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

did you make any payment to sister?

2) if inspite of receipt of money if she is not cooperating in registration you can file case against her for cheating

3) you can file suit for specific performance but suit has to be filed within period of 3 years

4) in present case more than 5 years have passed and you did not take any legal proceedings against her

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You can file an FIR in the court on the ground that they are demanding more money after receiving a total amount of the money

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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