• Relinquishment Deed - Registered

Sir,

This matter pertains to one of the apartment held in the joint name of mine and my husband. The apartment was purchased in 2010 and 90% investment was mine in white. In 2012, I got Relinquishment Deed and other affidavits signed by my husband for transferring the rights to my name 100%. This deed is signed and executed in presence of first class magistrate who has also certified the same. Because of loan on the property, the legal papers could not be submitted to builder for transfer at that time. In the mean while in 2017, my husband deserted me and moved out. In 2019, I requested the builder to transfer the property based on these papers and I got to know that my husband has sent an email to the builder saying not to transfer his rights and he also intimated that he has not given any transfer papers to any one.
He also intimated that if any person claims for transfer on any documents such documents shall be treated as forged and fabricated.

What should I be doing in this case. I don't prefer going for Declaration Suite because that a long process and will take substantial amount of time. What is the best and easy way out for me as there is no possibility of mutual decisions.

Regards
Asked 10 days ago in Property Law from Faridabad, Haryana
Religion: Hindu

Unregistered relinquishment deed is in admissible in evidence 

 

2) you have to file declaratory suit that you have 90 per cent share in property 

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

Please state whether the relinquishment deed was registered at Sub registrar office and whether any stamp duty was paid for the registration of the said deed?

Siddharth Jain
Advocate, New Delhi
3849 Answers
42 Consultations

5.0 on 5.0

1) If property is on joint name, at the time of registration have mentioned sharing ratio between you and husband ?

 

2) If you have paid whole amount by cash or online transfer or bank loan EMI's from your account, kindly provide this information

 

3) Under whose possession the property is as of now, plus the flat is constructed or under construction etc

 

 

Kindly answer above questions to guide you further

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

You can file domestic violence case and compel him to complete all complainces in the same.  But the appropriate remedybis civil suit in this matter.  But you can try your luck through domestic violence provisions

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

Dear client 

The best and possible way fir you is that you have to challenge the decision of builder in the court with all the relevant documents as relinquishment deed was registered then your husband has given all the rights of property to you now whatever mail he send to anyone this tranfer can't be stopped by anyone tell the builder if you think it have information that these documents are fraud then file a complaint against you. Or give the reason of not transferring the property in your name in written. 

If that doesn't work then you have to go to court for getting complete title in your name. 

Mohit Kapoor
Advocate, Rohtak
556 Answers

5.0 on 5.0

Dear Client,

In the basis of the documents signed by your husband, you file a declaration of title suit. It will take only around 2 years.

Jaswant Singh
Advocate, Gurugram
397 Answers
1 Consultation

4.8 on 5.0

See suit is only way out as the deed is not registered by proper process so it would be only evidence of transaction it will not be full proof document there is no other way out. 

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

1. Even if you have made the majority part of consideration amount or paying EMI, since the name of your husband is there in the title deed he is considered to be its half owner.

2. now the affidavit done before the Magistrate has no value share in land or property can be transferred only a registered deed and by no other means.

3. Suit is not going to help you much as it would take years together.

4. SO settle with him amicably by paying him some money so he makes a registered gift deed in your name. 

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

Hello Ma'am,

Please be advised that :

1. Relinquishment deed is irrevocable if it is REGISTERED and it cannot be revoked by on whims and fancies of anyone like your builder or the husband.

2. Desertion by husband or whatever your builder is saying does not hold water in the eyes of law and is no valid ground to abstain you from taking your right over the apartment once the relinquishment deed is signed and registered as per your facts stated above.

3. You may bring a suit against your builder for cheating and forgery and the documents which he states to be fabricated for those the onus lies on him to prove that before the court. You can very well proceed to the court with the deed to get the title in your name.

Please revert for any further query.

Thank you for your time and Consideration.

 

Harshit Singh Jadoun
Advocate, Noida
65 Answers

5.0 on 5.0

File Suit for declaration is to declare a right of the party/plaintiff and when the right is peratining to property.

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

 you have to file a title suit on the basis of the registered relinquishment deed to get the title of the property transferred in your name after getting the court order the Builder will have to transfer the property in your name

Vimlesh Prasad Mishra
Advocate, Lucknow
4900 Answers
12 Consultations

4.9 on 5.0

you can file declaratory suit that you have 90 per cent share in property 

 

2) you cannot get it registered back dated 

 

3) un registered RD is in admissible in evidence 

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

1. Relinquishment deed can be made only after sale deed in your favour is made.

You can file a declaration suit .

Deed cannot be registered in back date.

4. Unregistered deed can be taken as evidence.

 

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

You can register it now by paying penalty if required but not backdated.  You can file declaratory suit without registration also. 

Yes it is admitted in court

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

1. declaratory suit is the only way out 

2. the relinquishment deed though not registered can still be used by you in support of your claim that your husband had given up whatever right he had in the flat

3. you can say that the name of your husband was included in the BBA only for convenience and as a family arrangement at the relevant time

4. your bank statements can also be used in support of the claim that all the moneys for purchase of the flat were and are paid exclusively by you and no contribution was or is made by husband

5. since the builder has received email from your husband not to rely on the release deed or any other document for transfer of flat your sole name, i do not think the builder will agree to now transfer the flat, because he will obviously want to avoid any legal action against him by your husband. So i do not see the builder helping you in this matter. 

6. technically even the BBA which is yet not registered cannot be admitted in evidence. But you can always say that it was the builder's condition that only on payment of a substantial part of purchase price by flat buyer, would he proceed to registration of BBA and for that reason the BBA remained unregistered

7. unilateral registration of a document is not possible without consent of all parties to the agreement

8. if there is any objection against the release deed on the ground that it is not registered, you can always fall back on your bank statement to show that all payments are made exclusively by you and thus you are the sole owner of the property 

Yusuf Rampurawala
Advocate, Mumbai
3883 Answers
16 Consultations

5.0 on 5.0

1. Yes. You will have to to file declaration suit in Civil Court to declare you as the 90% owner of the property on the basis of sale consideration amount paid by you.

2. No. It cannot be done as per law.

3. It has no value in the eyes of law and cannot be taken as evidence.

4. Filing a declaration suit is the only way out.

Siddharth Jain
Advocate, New Delhi
3849 Answers
42 Consultations

5.0 on 5.0

1. If the sale deed is not registered then the developer can make sale deed only in your name f your husband gives his NOC .

2. Relinquishment deed can be done mutually only ad not mu you unilaterally.

3. yes but if the same is impounded then you will have to deposit double the stamp duty .

4. Obtain NOC of your husband.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

Hello Ma'am,

Please be advised as follows:

In the present case, we will have to look into the contents of the builder buyer agreement which was signed. 

Since you had paid 90 percent investment and the same must have been on record to produce before the court that you might have given to the buyer while buying the apartment.

As per the builder buyer agreement there must have been a stipulated time within which the registry was to be done and in event of any failure with respect to that the buyer or the seller because of whose failure the deed could not be registered is supposed to pay the penalty if stated in the contract.

In your case you are suggested to please have a look at the agreement with respect to aforementioned that you had signed with the buyer and skim through the clauses present in the same.

Then Further, it would be pertinent to bring this fact before the court that your husband has deserted you and the change in circumstances have  to be brought into light with the court in order to reach a amicable settlement.

Moreover, it is to be noted that since no registered sale deed was undertaken and no registry was done neither you nor your husband has  the title or ownership of the apartment.

Neither do you both have the possession of the apartment as stated above by you.

Therefore a Declaration Suit under Section 34 of the Specific Relief Act cannot be filed by you and can only be filed and is advisable if and only if you OWN the property or have the title of the property.  

Suggestion:

In the present matter, before proceeding to attain the title of the apartment it would be better for you to file a suit to get back the 90 percent investment that you must have given and must have been recorded in the builder buyer agreement signed by you.

Further, a getting a relinquishment deed from back date is not possible and without the consent of the other party would NOT be a tenable thing to suggest.

Harshit Singh Jadoun
Advocate, Noida
65 Answers

5.0 on 5.0

The relinquishment deed in your possession is not valid since it is not a registered document.

You cannot transfer the property to your name at present since there is a subsisting loan on the property, once the loan is fully discharged, then you can file a declaration suit as well as direction to bank to hand over the property title deeds to you and direct the sub-registrar to register the property to your name in full.

You may decide based on the prevailing circumstances.

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

1.  It may not be maintainable since he has got an equal share in the property as per agreement.

2. No, its validity is just four months from the date of its execution.

3. You are right.

4. Discuss with your advocate on further proceedings.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

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