• Relinquish unregistered

Sir
Me and my uncle were partners in indian oil dealership.He recently expired,previously we had a settlement in presence of elders relinquishing his rights after certain period of enjoyment of outlet as i am 49% share holder and owner of site.in his unregd deed he mentioned legal heirs wont create trouble after his death.But his legals are demanding his share.As per settlement i am suppose to get full share.IOC says my deeds are not valid made in presence of elders.what will you suggest.
Asked 7 years ago in Business Law

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15 Answers

1. It i not clear what was the nature of business of yours with your uncle. It may be partnership or a company formed with him.

2. if it was a partnership business with your uncle then if he had mentioned such relinquishment in the partnership deed then the clause is valid.

3. if it was Company then such undertaking is not enough.

4. If he during his lifetime relinquished his rights then it is not clear whether on this basis you made yourself dealer of the petrol pump in 100% share .

So first clarify these issues first.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Refer to the Indian Oil Rules and Regulations on this as share allotted by Indian Oil to a person can not be transferred by him to another person of his choice.

If there is no such restrictions then apply for Probate fo the Will and on this basis transfer his 51% share in your name.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

See since the deed is unregistered you need to file declaration of same before the court ,praying tk declare the deed valid the court can take unregistered deed as evidence of the transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See indian oil rules for transfer of license need to be seen in this case that license is transferrable or not. Secondly if it will then you sha apply for probate and if it is relinquishment or settlement deed then declaration of same has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Unregistered relinquishment deed is in admissible in evidence 

 

2) on demise of uncle his share would devolve on his legal heirs

 

3) IOC is absolutely correct that deeds are not valid 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

It is necessary to peruse will to advice 

 

has in willuncle bequeathed 51 per ce t share of business to you 

 

if so apply for probate of will 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The will..even if unregistered is valid and it cannot be challenged that it was not made in presence of elders. The will should satisfy the conditions of a valid will and if it does it is enforceable. Anyone can challenge the will but the iocl cannot dismiss it as unenforceable unless it challenges it in a court of law and the will is dismissed as an invalid document.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) You can take release or quit claim deed signed by all legal heirs or you can get WILL probate from court and let court order the outlet on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. An unregistered Partnership Deed (or any other type of Deed) is legally not enforceable in a court of law.

2.  Deeds or Words before elders are valid only internally in community, BUT invalid in a court of law.

3.  Unless the WILL is expressly in your favor, the Legal heirs will be entitled to all the property of the deceased.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to prove the same in court challenged by legal heirs. You need to produce all evidences in court 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Do you have any registered document with you that is enforceable otherwise legal heirs have all the rights under law to have the share of the deceased whether elders say something or not.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1.You can apply for probate of will. 

2.contact a local lawyer. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Hi,

You are suggested to get the will probated in the court of law and establish your rights. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

An unregistered relinquishment deed is not valid in the eyes of law, hence you may have to either give the legal heirs their due share or challenge their claim in court of law on the basis of the unregistered release deed. The unregistered deed, may not be admissible in law hence you may have to think about it and plan to settle the issue amicably among yourselves.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You said that he executed an unregistered relinquishment deed, now you say that he has written a Will to that effect, which one is correct?

If there is a Will in your support, why dont you try to get the probate of Will so that you can try to establish your case.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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