Sir, recently i was in to an agreement of sale of a agricultural property with payment of some consideration,later i came to know that there was a preliminary decree on another person which he acquired in 2008 but there was no final decree for the partition suit for the decree holder filed,now the decree holder is willing to withdraw the case that was filed and give up rights on property for some consideration.will a notarized affidavit can give up rights on property from the decree holder will cure all the defects in the title? and at the same time the decree holder is not will to execute any sale deed because it may relinquish rights on some of other ancestral properties.
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If the case is withdrawn from court and in that the affidavit is submitted along with the consent of his legal heir than that will help to seize his right in property and same is mentioned in the order of Civil suit.
The property seem to be ancestral so the legal heirs of that person can also claim in that property so there right should also be taken care.
Also a registered deed is always best option to put end to the all kind of future litigation in respect of that property.
is the affidavit has to be submitted to the court? and how can it be done? how can a registered sale deed can be executed without possession of title?
It's not necessary to submit affidavit in court but the person is already contesting a case which he has withdraw so if he submits affidavit for settlement on the term to give have right then same can be reflected in court order for future use. A deposition before court will be better than Affidavit.
Secondly the person do not have a clear title still he is contesting so for that purpose no registered sale deed can be made by him.
1) Nope don't do just affidavit, instead perform transfer of property title, by gift, POA etc
1)mere notarised affidavit is not sufficient to relinquish rights in property
2) let final decree be passed
3) mutation of property can be done on basis of decree
4)decree holder can execute sale for his share of property for consideration
5) in the alternative consent terms can be filed in court in the pending suit
consent terms can be filed in court
affidavit is not sufficient
1. The preliminary decree itself crystallises his right in the proeprty in due share and absence of any final decree does not weaken his case in any manner.
2.So without him your right would not be perfected in any circumstances.
3.Since his share in the proeprty is not acknowledged the only way to make you the sole owner of the property which you ave purchased is by releasing his share.
4. So to release his sahre he will have to either make a deed of relinquishment or deed of gift in your favour.
5. DO note that mere affidavit can not pass on title in immovable proeprty .So do not reply on mere affidavit at all.
If you are interested in buying it based on the execution of the sale agreement, file a application to implied in the case and in the case before the court get the portion which you want to be decreed as compromise.
Dear Client,
Without sale deed/gift, title in the property dose not transfer and relinquishment deed can be executed in favor of joint share holder, not in third person who has not title in the property.
Court has nothing to do with above in partition suit.
If possession is disputed, how can he will surrender possession to u.
An affidavit is a statement of facts. It can never give rise to any rights or relinquish any rights. Whether it is notarised or not makes no difference to the transfer of rights by affidavit. No right can be transferred through an affidavit. Only facts can be stated. Nothing more.
If the party is not willing to execute any sale deed, see if there is scope for any Gift Deed or Settlement Deed. If possible, proper execution of the same and registration before the proper authority/ proper Sub Registrar would be necessary. Do not make any payments on the basis of any statements.
With the information you provided only this much can be said. For further and proper Legal Opinion, all the documents are necessary, and consulatation with a Lawyer is necessary.
Since there is a preliminary decree in favor of the party disputing this property, mere withdrawal of the case cannot nullify the decree.
He may have to file a memo stating that the marriage has been settled out of court hence the decree already passed may be modified.
Alternately he may have to relinquish his rights in the property by executing a registered release deed in favotr of the vendor whos is selling the property.
There is no time limit for filing application for passing final decree in the partition suit.
It can be filed anytime even after a lapse of twenty years too.
is the affidavit has to be submitted to the court? and how can it be done? how can a registered sale deed can be executed without possession of title?
The seller has to have a clear and marketable title to the property now proposed to sell, you may insist on it, it is his headache that how he acquires the clear title to execute the registered sale deed in favor of the buyer.
You take a legal opinion from a local lawyer before venturing into the purchase instead of getting misleading advice or opinions online or from ill-knowledged people.
Dear Sir,
All compromises or settlements or Relinquishment shall be taken place in the Civil Court and let the recordings be made in the court. Preliminary decree can be executed during a period of 12 years.
