• Unknown property share relinquishment

Sir,
we have partition suits pending in court,now two defendants out of five want to compromise with plantiff by taking some amount and give relinquishment as they themselves dont know how much share they may get or not.In such case how can a registered document be executed in favour of plantiff so that in future they again may not approach court.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

The document for compromise will be made and submitted to the court to recognise the parties compromised and relinquished the right in favour of plaintiff. Rest of the respondents will remain in as party of the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) If you have mutation documents in your favor and relinquish deed matches all property papers than you waut for the judgement order.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

sale deed can be executed by 2 defendant in favour of plaintiff

2) 2 defendants can relinquish their interest but relinquishment deed operates in favour of all the co - owners of property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

untested evidence is no evidence

2) your mother has to submit to cross examination other wise her evidence would not be taken on record

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

you should contest the suit proceedings

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hi,

You are suggested to present true facts to the court and get the medical done of your mother. You may submit the medical documents for your case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

If legal and registered relinquishment deed is executed then file the same before the Court and get interim orders accordingly to delete the concerned defendents. If adverse orders are passed then approach Hon’ble High Court. Your mother may seek appointment of commission under order 26 Rule 9 of CPC to examine her at her home. An advocate will be appointed by the Court and your mother will be examined at her home. Alternatively you may take special Power of Attorney and produce the same before the Court along with medical certificate of your mother.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

A Registered relinquishment deed can be executed with relevant clause stating that there will be no right title and share in the property after the said deed and no further litigation will arise after the same

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

1. First of all they should and the plaintiff also should find out how much share of the property they are holding to understand how much share they are relinquishing to the plaintiff.

2. There after they shall have to register a relinquishment deed relinquishing there share of the property in favour of the plaintiff.

3. Alternatively, they can also register a sale deed in favour of the plaintiff duly transferring their title on their undivided share of the jointly held property.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. She can depose what ever she can remember, rest she can say that she does not remember and needs to refer to the documents.

2. Medical certificate can be produced to establish her mental state of affair.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. It is not known how the said relinquishment deed was drafted.

2. If it was properly drafted and registered then they have no future claim on the relinquished share of the property.

3. You shall have to contest the case fittingly and ask for cost for harassing you.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

The said two defendants, can execute a registered release deed relinquishing their rights in the property without mentioning the extent of property.

They can add in the recitals the details of the property and also mention that they are uncertain about the exact share or extent of property however they will not claim any share in respect of any property that they may be entitled, in future.

This undertaking in the release deed will safeguard the future interests of the beneficiary

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

My mother is supposed to be appear in court for cross examine ,she is very old ,cannot walk,sit and also remeber things pas,she is mentally imbalanced t.But she is very strong in documentation to win the case.can she request the court for giving judgement by only basing upon documents. or is there any way ?

does any medical certificate help in this issue?

Your mother's counsel can very well inform about your mother's health issues and her inability to attend the court.

He can also request the court to appoint an advocate commissioner to record her evidence at her residence and also for cross examination by the opposite counsel at her residence itself on the same date.

The court may allow the petition in this regard to solve the issue.

The court may also pass orders based on the written statement and the documentary evidences produced before court which have been marked as exhibits before court.

The documents which have not been marked as exhibits cannot be taken as documentary evidence to the case.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

A relinquishment deed is executed to me,But the(opposite party) have filed case again. and also filied IA to deposit income to court.how is this permitted to file case again? even though relinquish deed present..but fortunately no order was passed against me.should i contest the case and wait years for judgement?please suggest

If the court is yet to decide about your shazre in the property and that of the other person who relinquished his rights, there is no question of your objection to the petition filed by the other side seeking share in the revenue. You have not been declared as an absolute owner to enjoy the fruits of the property alone by yourself during the pendency of the civil suit, hence you cannot agitate over the issue or even if you take up a revision on this, you may not succeed.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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