Undivided interest in Agricultural land
sanjeev murthy desai
(Querist) 26 December 2008
This query is : Resolved
Dear All,
Undivided interest in agricultural land of co-percenar property can transfer under registered Release Deed? have any perticular case laws?
M. PIRAVI PERUMAL
(Expert) 27 December 2008
Mr. Sanjeev Desai your query is not clear, can you be little more eloborate.
sanjeev murthy desai
(Querist) 27 December 2008
Thanks for your reply.
iam litle bit confusing, please once again explain
There is 3 acre Agl land of three copercenars have equal share 1/3 in the said land and thereis no partition between said co percenars. one Copercenar want to relinguish his right to only one copercenar through registered release Deed. The Revenue Records secured the name of other co-percenar who is not in involved in the subject transaction?
Sub-registrar refuse to registered the said release deed because undivide interest in agl land not possible under the caselaw. We have case laws in this regard
J K Agrawal
(Expert) 27 December 2008
undivided share can be relinquished without formal partition and there is no such bar at law. The problem with you may be that unless name of all the coparceners does not appear on revenue record the registrar generally refuses to register a document regarding that holding. It is not a rule of law but in practice, they insist to get first the name muted in your name instead of your father’s name. It is to prevent frauds or complications.
Secondly, relinquishment means to give up his share, which means remaining all persons gets his portion so relinquished. If you want to transfer your share to any particular person you should be enter into a transfer deed. this may also be a reason to refuse registration of your deed.
