Can a relinqueshment deed be executed in favour of particular co-sharer
vinay khanna
(Querist) 04 January 2017
This query is : Resolved
Can a relinqueshment deed be executed in favour of particular co-sharer
I Had posted the following question no.1 before also & I was informed
that relinquish deed can be executed in favour of any cosharer,no
restrictions.
1.Can a relinqueshment deed be made in favour of a particular cosharer.If
there are five cosharer A B C D E of property, can A B C relinquesh in
favour of D only. Kindly inform citations.
2.Now I am enclosing High court judgement which says relinqueshment
cannot be made in favour of specific person. Kindly clarify as You have
answered that relinquesh can be executed in favour of any
co-sharer .Narinder Kaur & Anr. vs Amar Jeet Singh Sethi & Anr. on 28
February, 2000.
A release deed executed in favour of some of the co-parcenors would
enure to the benefit of all other co-parcenors and not only in favour of
those co-parcenors in whose favour release deed was made. M.krishna
rao v M.l. Narasitka rao, AIR 2003 AP 498 at p.405(AP). Subbanna v
Bala subba reddi,AIR 1945 mad 142(FB) I do need citations.kindly
Clarify.
kavksatyanarayana
(Expert) 04 January 2017
It is an academic query. In which you are concerned about this? however, A relinquishment deed cannot be executed in favour of a particular co-sharer. If you want to relinquish your share to all other co-owners or co-sharer. (1)If there are five co-owners A B C D E of property, A B C cannot relinquish their share to D and E but only one person. release deed or relinquishment are the same nature.
Ms.Usha Kapoor
(Expert) 05 January 2017
Yes! a RELINQUISHMENT DEED CAN BE EXECUTED IN FAVOR OF A PARTICULAR COSHARER.
Rajendra K Goyal
(Expert) 05 January 2017
High court ruling is applicable till Supreme Court rules otherwise.
Agree with the expert kavksatyanarayana.
Kumar Doab
(Expert) 05 January 2017
Possession of one co-sharer is treated as possession of other co-sharer also.
Agreed with expert Mr. kavksatyanarayana, Mr. Rajendra K Goyal.
vinay khanna
(Querist) 27 January 2017
To,kavksatyanarayana If there are five co-owners A B C D E of property, A B C cannot relinquish their share to D and E but only one person. release deed or relinquishment are the same nature. Sir,you have written A,B,C cannot relinquesh share to D & E, you mean A,B,C can relinquesh to one person D only,Kindly clarify,Any supre court judgement you can inform me Sir.
