Relinquish deed
ripunjay sharma
(Querist) 01 May 2012
This query is : Resolved
respected sir,
t property situate at ahemadabad ,owners are of jaipur 2 brothers,one brother wants to relinquish his right of above property.
(1)wheather t deed registered at jaipur.
(2)wheather some consideration can be written in t relinquish deed.
thanks
ripunjay
A V Vishal
(Expert) 01 May 2012
(1)wheather the deed registered at jaipur.
Ans. No, it can be registered only at the place where the property is situated.
(2)wheather some consideration can be written in t relinquish deed.
Ans. If consideration is paid then yes it needs to be mentioned. The choice is yours.
Anirudh
(Expert) 01 May 2012
If any consideration is paid, then it cannot be a Relinquishment Deed. It will be a Sale Deed. Then the stamp duty has to be paid on the Circle Rate prevailing in that area in regard to immovable property.
ajay sethi
(Expert) 01 May 2012
yes relinquishment ded has to be registered in ahemdabad where property is istuated .
considertaion can be written . get papers vetted by a local lawyer
A V Vishal
(Expert) 01 May 2012
Can Learned members enlighten me Whether a relinquishment deed must necessarily be without consideration, if so please explain me the relevant provisions of the law.
ajay sethi
(Expert) 01 May 2012
Family settlement - Relinquishment - Relinquishment in Indian context may be for consideration or may not be for consideration - Relinquishment deed is valid even without consideration - Love and affection is also a consideration
A V Vishal
(Expert) 01 May 2012
Mr Sethi,
You have changed your opinion, previously you replied that relinquishment must be without consideration, I see you have edited your previous post.
ajay sethi
(Expert) 01 May 2012
yes mr visgal
i do agree that i changed my opinion and accordingly edited my post when you raised the issue .i realised my mistake
JANAK RAJ VATSA
(Expert) 01 May 2012
the relinquishment deed has to be registered at ahmedabad since the property is located there. the deed can be with consideration and it can be mentioned as such.
MohammedRaffiq Bijapur
(Expert) 01 May 2012
Hope queriest might have found answer. To add the relinquishment deed requires registration.
Shonee Kapoor
(Expert) 04 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 06 May 2012
Dear Mr. Vishal,
Relinquish means to give over possession or control of or to leave off. A release deed or relinquishment deed is an instrument by which a person renounces a claim upon another person or against any specified property but does not include a release or discharge of mortgage of mark able securities.
In T. Mammoo v. K. Ramuni AIR 1966 SC 337, it has been held that a registered instrument styled as a 'release deed' releasing the right, title and interest of the executant in any property in favour of the release for valuable consideration, operates as a conveyance if the document discloses an intention to operate as a transfer.
Thus, where there is a consideration, and consequent to such consideration the property gets transferred, it would be a conveyance and not relinquishment.
In other words, in the case of relinquishment deed, there cannot be any consideration.
A V Vishal
(Expert) 07 May 2012
Mr Anirudh
Just a simple question can you please quote the rate of stamp duty for a relinquishment deed as per the stamp act. Please quote the article under which it is mentioned. For your post I will assure that I will post my reply once I get the information from you.
Anirudh
(Expert) 07 May 2012
Article 55.
R.K Nanda
(Expert) 07 May 2012
No more to add.
A V Vishal
(Expert) 07 May 2012
Art 55 is in case of settlement which is not the issue here by the querist, you are confusing the query. You yourself claim it is a sale and contradict your reply quoting Art 55
Anirudh
(Expert) 07 May 2012
Dear Mr. Vishal,
Pl. go through my replies.
All that I said was that in case of 'relinquishment' (release), there cannot be any consideration.
I had said that "If any consideration is paid, then it cannot be a Relinquishment Deed. It will be a Sale Deed. Then the stamp duty has to be paid on the Circle Rate prevailing in that area in regard to immovable property."
I still maintain the same stand.
You asked me on what Article I am relying. I am relying on Article 55 which relates to Release (relinquishment).
Where did I take any contrary stand?
A V Vishal
(Expert) 08 May 2012
Then what is Art 52, also refer S.25 of the contract act.
A V Vishal
(Expert) 08 May 2012
Would appreciate if you reproduce the case law cited by you here for our benefit.
Anirudh
(Expert) 08 May 2012
Dear Mr. Vishal,
1. As desired, pl. find attached the full text of the decision.
2. Article 52 relates to 'Proxy Empowering any Person' and I do not think it has any application to the present issue.
3. As regards Sec. 25 of the Contract Act: Agreed that an Agreement without consideration is void. For an Agreement there ought to be minimum two persons. In the case of Release Deed it is a Deedpoll (executed by a single person) and therefore it is not an agreement, and it does not require consideration.
Anirudh
(Expert) 08 May 2012
Forgot to attach the file. Now attached.
V R SHROFF
(Expert) 08 May 2012
Love and affection is also a consideration : BUT NOT MONETARY CONSIDERATION. MONEY VALUE ONLY IS LEGAL CONSIDERATION, NOT LOVE.
A V Vishal
(Expert) 08 May 2012
Mr Anirudh, You have completely misinterpreted the judgement please refer the following Smt. Balwant Kaur And Ors. vs State Of U.P. on 20 October, 1983
Equivalent citations: AIR 1984 All 107 &
Kuppuswamy Chettiar vs A.S. P. A. Arumugam Chettiar And ... on 6 September, 1966
Equivalent citations: 1967 AIR 1395, 1967 SCR (1) 275, wherein the Apex Court has clearly stated the law (incl interpetation in the case law cited by you).
