Partition suit vs. unregistered relinquishment deed
M Satyanarayana
(Querist) 05 July 2012
This query is : Resolved
Sir,
When the Supreme Court has confirmed the Partition Suit for 3 equal shares in the property. When one of the party creates a unregistered and fake relinquishment deed and holding this particular deed can the litigant stop the final decree proceedings. The party against whom relinquishment deed is created raised objections in the trial court. What are the chances of considering such fake andbogus relinquishment deed in the partition suit that also confirmed by the Supreme Court. Since the suit is continuing one can it be taken as filing of additional document in the present final decree proceedings to stall the bonafide final decree proceedings.
Please clarify what is the legal remedy to deal such fake and sham relinquishment deeds when it is filed in the court.
Thanking you,
MSN.
Adv Archana Deshmukh
(Expert) 05 July 2012
A share in an immovable property can be relinquished by a registered release deed only and not by an unregistered one.
Adv.R.P.Chugh
(Expert) 05 July 2012
An unregistered relinquishment deed is ineffective and non est in the eyes of law.
After Decree is confirmed by the Supreme Court, any change in the preliminary decree can be effected only on account of changed circumstances.
A subsequent relinquishment deed would qualify as such changed circumtance only if it is registered, otherwise the matter cannot be opened up again.
