Deed of relinquishment -mutation of property
kRISHAN LAL
(Querist) 11 August 2011
This query is : Resolved
Sir,
My mot 141 sq.yds.her purchaseda plot of land and constructed a holuse thereon in 1952. My father died in 1984 and my mother expired in 1999 intestate without leaving any will. We are five brothers and one sister. In he year 2001 we executed a deed of relinquishment in favour of one of our brother.
Sir my precise query is whether my brother on the basis of the deed of relinquishment which was registrered in the office of sub-registrar, Rohinmi, Delhi, can sell gthe property or is it necessary to first get the property mutated in his name in the sub-registrar's office. Whether Ded of relinquishment is asufficient document for selling the property
Kindly advise
Krishan Lal
Raj Kumar Makkad
(Expert) 11 August 2011
Though deed already executed is sufficient to show his exclusive ownership over the property in question and he is accordingly competent to sell it but it is in the interest of buyer to ensure the entry of seller in the register of mutations if the property falls in revenue record but if the same is incorporated in NDMC the it is to be recorded in its register.
M V Gupta
(Expert) 13 August 2011
As mutation involves expenditure the buyer would insist that you should get your name mutated in the municipal as well as the revenue records and obtain the property card in your name before the sale is completed.
KodaiKanal S.Thanuskodi
(Expert) 13 August 2011
The Registered Relinquishment is like as the Instrument which is also safety document and can be used to sale property property.By this support document,Government Authority can transfer Mutation/patta/katha and property tax names.
leena Sharma
(Expert) 13 August 2011
The buyer is bound to see the title deeds and then only the transaction will be done. The seller has to have a clear title to the property which he is selling which is possible only after mutation of property in his name.
kRISHAN LAL
(Querist) 30 November 2011
Sir,
We, after receiving the expert opinion fromthe Legal Forum, discussed the issue of distribution of property amongst ourselves. My brother in whose favour we had executed the deed of relinqishment has now agreed to our proposal to sell the property and share the sale proceeds equally. My three brother and their families are staying in the property in question (141 sq.yds - , Shakur Basti, Delhi) - our sister and one brother are staying in rented accommodation.
Out of six legal heirs, five are in agreement to sell the property but one of our brother is insisting that he be given 35% share of the sale proceeds and rest be shared amongsgt other legal heirs as otherwise he is not willing to vacate the portion in his occupation. There is no tenancy agreement with him. What course of legal action can we take to ask him to vacate the property and how much time it is going to take for the court to segttle the case.
Regards
Krishan Lal
