Property dispute
pravin mehta
(Querist) 05 March 2013
This query is : Resolved
Hello,
Sir,
I will be highly obliged if our expert Panel guide me in the following matter.
We are having one property at Nagpur. It is in the name of four brothers (including my father who is only alive) in City Survey records.
In the year 1988 all the four brothers have mutually agreed and make a Draft that this property has only rights of 2 brothers and remaining 2 brothers are voluntarily withdrawing their rights from the said property.This agreement was made on a stamp paper of Rs. 5/- at that time alongwith witness and submitted to Nagpur Muncipal Corporation for deletion of 2 name. Accordingly NMC has already made correction in their records and gave us acknowledgementhaving deleted the 2 names.
However at that time this noting was not made in the City Survey, Nagpur. As such there are 4 names in city survey records.
Now city survey is not deleting the 2 names on the basis of mutual agreement.
For your information all the 3 brothers except my father are died and sons of 2 brothers who has withdrawal their rights
in the property are claiming their rights in our property.
I request you to kindly guide me in the matter.Your valuable advice will be very
helpful in solving the dispute.
Can we go to the court for noting our 2
brothers name on city survey records on the basis of their mutual agreement copy.
pravin mehta
ajay sethi
(Expert) 05 March 2013
agreement is not duly stamped and registered . no deed of rleinquishment is executed . draft agreement has no vlaue as any agreement wherein parties relinquish rights have to be stamped and regd
Raj Kumar Makkad
(Expert) 06 March 2013
Though unregistered agreements are required in immovable property transfer matter but definitely the Rs. 5 stamped paper is an indication that those 2 brothers had relinquished their right and their legal heirs thus have no right to claim any share thereto. File a suit for declaration and interim injunction thereto.
prabhakar singh
(Expert) 06 March 2013
I would share opinion of Mr.Sethi.
Unless the value of property is below hundred no such deed can work.Gone are the days when courts used to believe even oral relinquishment.In U.P. no agreement with respect to any immovable can be legally entered in to unless one goes for it's registration after paying prescribed stamp duty .
