Buying a property in Delhi can be a complex and risky process, especially when it involves inherited properties and unregistered deeds.
First of all, let me explain what a notarized relinquishment deed and a conveyance deed are, and how they differ from each other. A notarized relinquishment deed is a document in which one or more legal heirs of an inherited property give up or release their rights in the property in favour of another legal heir or co-owner. A notarized relinquishment deed is not registered with the sub-registrar’s office and does not have any stamp duty or registration fee. A conveyance deed, on the other hand, is a document in which the owner of a property transfers the title, ownership and rights in the property to another person, usually for a monetary consideration. A conveyance deed is registered with the sub-registrar’s office and has stamp duty and registration fee as per the state law.
A notarized relinquishment deed is not valid for transferring rights in immovable property in India. Only a registered deed can legally do so. Hence, a notarized relinquishment deed is non-existent in law and has no effect on the ownership of the property. A conveyance deed, however, is valid and binding for transferring rights in immovable property in India. A conveyance deed is also necessary for obtaining mutation of property, which is the process of changing the name of the owner in the revenue records of the government.
Based on this, it seems that the previous owner of the property you are planning to buy had obtained a valid conveyance deed from DDA in 1998 based on a notarized relinquishment deed from eight legal heirs of his father. However, since the notarized relinquishment deed was not registered and had no legal effect, it is possible that some or all of those legal heirs may challenge the conveyance deed and claim their rights in the property at any time. This may create a dispute over the title and ownership of the property and affect your rights as a buyer.
Therefore, as a cautious buyer, you should not go ahead with the purchase without verifying the authenticity and validity of the notarized relinquishment deed and the conveyance deed. You should also check if there are any other legal heirs who have not given up their rights in the property or if there are any pending cases or disputes over the property. You should also obtain a mutation letter from DDA to confirm that the name of the present owner is recorded in their records as the owner of the property. You should also ensure that all other documents required for mutation of property are in order, such as copy of sale deed, indemnity bond, affidavit, receipt of up-to-date property tax payment, etc.
If you buy the property without verifying these documents and issues, you may face problems when you sell the property in future or if any legal heir challenges your ownership. You may also have to pay additional stamp duty and registration fee if you have to execute a fresh conveyance deed or rectify any defects in the existing one. You may also have to face legal hassles and expenses if you have to defend your title and ownership in court.
Therefore, my suggestion is that you should consult with a lawyer who specializes in property law and get his or her opinion on whether it is safe and advisable to buy this property or not. You should also do your own due diligence and research on the history and status of the property before making any decision. I hope this information helps you understand some of the legal aspects of your situation.