• Oral relinquishment of immoveable property

We are 5 sisters. All of us are married and live in the city. 

A few years back, when our father died, all of us inherited his land in the village. But because of our busy work schedule and childrens’ education etc., we could not find time to discuss the partitioning of this property. As a result, the property is in our joint names and none of us knows our exact share or its value. (A tenant farmer is cultivating the land.)

I am close to my youngest sister. In Jan 2010, to repay her for a favour, I told her that she can have my share of the land in the village. She agreed and thanked me for it. But again, because of our busy schedule (and also because we trust each other), we never thought of putting this in writing. So there is nothing in writing as yet. 

But now, because of the attitude of another sister, both of us have decided that it is better to put this in writing at the earliest. When putting in writing, we want to mention that I gave her my share in Jan 2007 itself.

I have 2 questions: 

(1) Can we mention in the registered document that the oral relinquishment had in fact occurred in Jan 2007? What is the validity of this date in a court? Of course both my sister and I will vouch that we had in fact agreed to it in Jan 2007. 

(2) Since I do not know the exact size of my share of the land, can I relinquish my entire share without mentioning its exact size or value?  What about stamp duty etc.? Since the exact share is not known, obviously this can’t be calculated. So can I just register my “act of relinquishment” right now, without paying the stamp duty?
Asked 3 years ago in Property Law from New Delhi, Delhi
1) it is better deed of family settlement or partition deed be prepared among the legal heirs for division of property by metes and bounds . the said document should be duly stamped and registered 

2) you can then execute gift deed or relinquishment deed in favour of your sister in respect of your share of property . 

3) it is not necessary to mention that oral relinquishment had occurred in 2007 

4) for registration of gift deed or relinquishment deed stamp duty has to be paid in respect of your 1/5th share in property .  amount of stamp duty payable would depend upon the delhi stamp act
Ajay Sethi
Advocate, Mumbai
44403 Answers
2580 Consultations

5.0 on 5.0

1. The share in a property can be relinquished only by executing a deed of relinquishment or by making a family settlement. The said deed has to to thereafter be presented for registration.

2. Oral relinquishment cannot be proved in the court.

3. Relinquishment would be effective from the date on which you execute the deed of relinquishment. It cannot be done retrospectively.

4. Have the property valued from a property valuator to find out the exact value. You can relinquish your 1/5th share  therein. Stamp duty would have to be paid on the market value of the property. Without stamp duty being paid the deed will be a scrap paper.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. In the present deed of partition you can mention of past partition and relinquishment of share by one of the co-sharers in lieu of owelty money.
2. Since stamp duty is calculated and paid on the valuation of property you have to give specific area of land which is already relinquished earlier. Without declaration of area the deed can not be registered.
Devajyoti Barman
Advocate, Kolkata
12551 Answers
161 Consultations

5.0 on 5.0

Hi, you can relinquish your share to any body in the family.
2. For the convenience of your family better partition your property so that you know your definate share and there after execute release deed.
3. There is nominal stamp duty is there for exact amount better contact local advocate.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.5 on 5.0

oral relinquishment has no probative force but your conduct towards relinquishment can prove it so it is not necessary for you to mention year 2007. prepare a deed and mention your intention towards your right in the property.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

1. Yes, you can very well mention in the relinquishment/gift deed to be executed and registered in favour of your said sister that you have already orally relinquished/gifted her your share in Jan, 2007m  which you are recording and registering now. However, I fail to understand the reason for mentioning the same,

2. For relinquishment or gift or for dealing with a property, the schedule of the property is required to be mentioned in the Deed,

3. Stamp duty and registration fee will be decided based on the valuation of the scheduled property,

4. So, engage a lawyer to idenify your father's property and find out its value from the registration office.
Krishna Kishore Ganguly
Advocate, Kolkata
18161 Answers
438 Consultations

5.0 on 5.0

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