Unregistered release deed
Vasudevan
(Querist) 03 April 2017
This query is : Resolved
Respected Experts,
My father while he was alive has obtained a Release Deed from my sister wherein it was stated that she forgo all her rights over the properties of my father's property duly receiving Rs.4.5 lakhs cash in the year 1997. She has signed the Release Deed and her husband has also signed as witness. It was not registered. My father has died in 1999. Now my sister is claiming her share as a legal heir from the properties of my father. Whether the unregistered Release Deed may be useful to me. Whether registration of Release Deed is compulsory? The Release Deed doesn't contain that it pertains to a particular property. It speaks that she forgo her rights on all the properties of my father. Whether it is valid before the Court of Law? Please clarify. Rule/Act provisions in the matter, if any be stated.
adv. rajeev ( rajoo )
(Expert) 04 April 2017
Release deed is compulsorily reigstrable document u/s 17 of the Indian registration Act
Kumar Doab
(Expert) 04 April 2017
Agreed with expert.
The said document is mere receipt of an amount of a purpose.
The property under dispute was self acquired or ancestral in the hands of father?
Dr J C Vashista
(Expert) 05 April 2017
Being unregistered the Release Deed is invalid.
Vasudevan
(Querist) 05 April 2017
Thanks for the respectable experts advice. Can I make it registered now along with late fee, if any? Whether the receipt of Rs.4.5 lakhs can be disputed by my sister? I am ready to give her share. But the receipt of Rs.4.5 lakhs along with the saving bank interest upto date may be claimed by me as the said share of amount was paid already to her. Respected Kumar Doab, all the properties are self acquired by my father. Please clarify the above issue. Once again thanks to all the experts in the forum.
kavksatyanarayana
(Expert) 05 April 2017
For 1st query I agree with Mr Rajeev sir. for subsequent query raised by you, even for late fee, it is time barred. As you already prepared to give share to your sister, ask her in an amicable way to return the amount already paid as you are going to partition the properties among all the legal heirs of your father.
Dr J C Vashista
(Expert) 06 April 2017
Forget about earlier RD and draft/execute a fresh RD and get it registered if your sister is willing so,
Advocate. Arunagiri
(Expert) 06 April 2017
As per the Act, as your father died before 2005, your sister is not having any right of share over the ancestor property.
so, there is no need for the registration of release deed.
Vasudevan
(Querist) 06 April 2017
Much obliged by the replies given by the Respected Experts. My sister is denying to return the earlier amount received by her from my father stating that it was given to her by our father out of affection and hence not to be included for bifurcation. Thank you very much sir(s)
Kumar Doab
(Expert) 06 April 2017
You have posted and confirmed that:
” …………………………………….all the properties are self acquired by my father”
She has equal share in self acquired property left by her deceased father.
The said document is mere receipt of an amount from her father, for a purpose.
If possible settle amicably by discussion.
You must have discussed with local counsels and shown the said document.
If there is no strategy, merits, possibility, then forget it.
Vasudevan
(Querist) 07 April 2017
Much obliged Shri Kumar Doab. Once again thank you very much for sparing your precious time in the matter. I shall go ahead as per your advice for amicable settlement.
Kumar Doab
(Expert) 07 April 2017
You are welcome.
