A property stands in rev records in name of x and till date it stands in name of x. X died in 1965 The property not transferred in the name of heirs of x In 1978 the heirs of x execute a release deed for the same prop owned by x In favour of partnership firm consisting of heirs of older brother of x The release deed was signed by the heirs of x in 1978 in Delhi and registered in Jaipur two months after thru a SPA The releasee firm or either of the partners have not signed the release deed till date The releasee deed was rejected by the distt collector @ Jaipur as not a document for purposes of transfer of land. After more than forty years as transfer could not be effected The releasors (heirs of x) are considering cancelling/ revoking the release deed. Would it legally be acceptable thru a registered agreement of revocation.
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If revocation possible then the procedure to revoke
Collector already declared the ded is void what is the need of revocation of deed which dose not exits.
Further transfer through release deed is not valid as transfer would have effected only through gift/sale/settlement deed.
Release deed executes between co owners and firm was not co owner.
deed of revocation can be executed by treason as releasee has not signed the release deed
it should be duly stamped and registered
Act as mentioned herein above
- As per law, a registered lease dead cannot be cancelled.
- You can cancel the same by way of mutual consent after executing a registered Deed of Cancellation.
- Or it can be cancelled by the order of the court.
If the release deed was not registered then there is no purpose for executing a registered revocation deed.
However the release deed was registered in Jaipur hence it is valid, but the release deed cannot be cancelled or revoked at this stage i.e., 41 years of its execution.
It is badly barred by limitation.
There is no provision in law to revoke the registered release deed beyond three years of its execution.
You need to find as per whether unilateral revocation is possible. If not then you need to approach court
The releasors may file a suit for declaration that release deed executed by them is void ab initio and seek a futher declaration of their share in the property of X.
After the death of X his legal heirs become the absolute owners of the property by way of succession. If the legal heirs executed a release deed on their capacity as legal heirs , its valid, but in your case the same was rejected by the dist. collector @ Jaipur as not a document for purposes of transfer of land.
So the release deed was considered as void document. In such a situation executing a revocation deed is not necessary.the legal heirs of X are absolute owners of property
1. Property of deceased CANNOT be released to any legal entity (a Firm) BUT can be released only to other legal heirs (a living person).
2.Property of deceased CAN be transferred to a Firm, via a Registered Sale Deed, executed jointly by "ALL" residual legal heirs of deceased, signed jointly with mutual consent as "Confirming & Consenting parties".
3. The earlier release deed is legally null & void and is legally infructuous and is legally not enforceable. Hence legally there is no question of revoking /rescinding the said release deed.
Dear Sir,
It is also important that both the parties (the person who relinquishes as well as the person in whose favour the deed is relinquished) give their consent to the cancellation, otherwise the deed can only be cancelled by approaching the court. However, on the other hand, a release deed, in general, cannot be revoked.
no need to revoke, collector already rejected release deed.
If you have executed and registered a legally valid Relinquishment Deed, then you can not cancel it now
Yes you can make an agreement for cancellation of release deed and get it registered with subregistrar.
