Validity of relinquishment deed in case co-owner is not a blood relative
P Harshita Naidu
(Querist) 28 February 2016
This query is : Resolved
hello,
We are looking to buy an immovable property(i.e house) and there is this seller who suggested a joint registration of property and after registration he proposed that he would relinquish his rights in favor of co-owners.So,I would like to know about the validity of relinquishment deed in case the rights have been relinquished in favor of joint owner who is not a blood relative.Is it legal?It would be of great help if you guys could give your insight.Thanks in advance.
Dr J C Vashista
(Expert) 28 February 2016
Relinquishment can be made in favour of person having share in the property.
P Harshita Naidu
(Querist) 28 February 2016
Hello sir,
is it only valid/legal if it's made in favour of blood relative or would it still be valid if it's made in favor of a joint owner who is not a blood relative?
Anirudh
(Expert) 28 February 2016
The one and the only requirement for making any relinquishment is that the person relinquishing should have a share in the property. NO OTHER CRITERIA - whether blood relative, others etc. This is the genera proposition of law.
Having said that, let me come to your fact situation, which is quite confusing:
We are looking to buy an immovable property(i.e house) and there is this seller who suggested a joint registration of property.
Joint registration with whom? and Why and whatfor?
This is not at all clear.
If he is the seller and you are going to buy, where is the question of joint registration?
PLEASE COME WITH CORRECT FACTS. I think you are being trapped by such designs, which is not legally warranted at all.
Guest
(Expert) 28 February 2016
Intelligent academic question!
The question arises, why the seller wants joint ownership on registration, when he would receive all the sale proceeds of the property? CAN YOU MAKE CLEAR THIS HYPOTHESIS, IF IT IS REALLY A LICE CASE , AS PER YOUR DESCRIPTION?
Rajendra K Goyal
(Expert) 28 February 2016
Why he want such arrangement and why you want to proceed with such an arrangement?
