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 9 years ago in Property Law
