Withdrawal of relinquishment deed application
BHUPAL SINGH
(Querist) 30 September 2012
This query is : Resolved
My son who is a co-owner in an office flat had put up Relinquishment Deed Application in April 2012, relinquishing his share in my favour, on Rs.100/= Stamp Paper for Registration, as advised by the Deed Writer & the Advocate working from near the office of of the Sub-Registrar. The Sub-Registrar has forwrded the same to the concerned Stamp Collector for woking out the Stamp Duty. My son has changed his mind and wants to withdraw the application. Can he do this ?? Knidly quote the relevant Section / clause under which he can withdraw it. What is the procedure to withdraw it ? Is there any penalty for withdrawal of this application ? What is format of the application for withdrawal of case ? May I request the learned Members to render their advice ASAP. Thanking you and with warm regards,
Bhupal Singh
ajay sethi
(Expert) 30 September 2012
has the relinquishment deed been registered? . it appears document has been under stamped hence submitted for adjudication to the collector . wait for report . dont pay the enhanced stamp duty . if document not stampoed and regd inadmissible in evidence
Raj Kumar Makkad
(Expert) 30 September 2012
Relinquishment deed has not been registered as on day as per your query. So there is nothing to worry as a simple application for withdrawal containing entire facts of the earlier application shall suffice. There is no specific format or section to deal with rather this is a common sense. No penalty is required to be imposed.
BHUPAL SINGH
(Querist) 01 October 2012
I am grateful to Sh Ajay Sethi & Sh Rajkumar for their valuabe comments & advice. Thanx for that.
The RD has not yet been registered nor we have been informed about the amount of Stamp Duty. We had applied for Registration
in the office of Su-Registrar on Stamp Paper of Rs. 100/= along with a Bank Draft of Rs 1100/= as advised by the advocate. The Sub Registrar in turn sent it to The Collector of Stamps for calculating stamp duty. My son ( who is abroad doing service ) received notice to appear before The Collector of stamps but we could not appear since we received the letter much after the actual date. We wrote to them informing them accordingly and requested them to intimate us a fresh date but so far no date has been intimated to us. Meanwhile my son has changed his mind and wants to withdraw the application.
May I once again urge the Ld Hon'ble Members to confirm that we can withdraw the Relinquishment Deed by puting up simple application w/o incurring any penalty ??
Also please clarify that can the office of Sub Registrar or Collector of Stamps refuse withdrawal of case and insist legally to go ahead with the registration and demand amount of Stamp Duty ???
Inconvenience is regrettted. An advice is requested ASAP.
With best regards and thanking you,
Bhupal Singh
ajay sethi
(Expert) 01 October 2012
you cant be forced to submit document for registration . if document is submitted for adjudication collector will determine amount of stamp duty payable and apnealty payable . attend office of collector and make your submissions .
BHUPAL SINGH
(Querist) 01 October 2012
If we submit to the Collector of Stamps in our application that we want to withdraw for personal reasons and he does not accede to our request, what is the course of action left with us ?
Can he legally insisit that document will have to be registered and that we must pay the stamp duty ??
Major Bhupal Singh ( Retd.)
Devajyoti Barman
(Expert) 01 October 2012
Since the relinquishment deed is not registered as yet, there is no question of cancellation of the deed.
Your son would simply refuse to appear before the registrar for completion of execution and his job would be finished.
Do not force him. Allow him to make up his mind first and then do the needful.
Guest
(Expert) 03 October 2012
Dear Major Bhupal Singh,
Hope sustains life. I wish the withdrawal of document is permitted. But, hope seems to be bleak, as once a judicial process is started, particularly in context with the revenue of the state, I don't think your request would be entertained. Moreover, it is not known whether the document has been sent just for adjudication or after impounding.
But, I would definitely advise you that your son must not leave any effort to convince the collector that he no longer wants to relinquish his title on the property and had to prepare document only unwillingly but on compulsion made by relatives.
BHUPAL SINGH
(Querist) 03 October 2012
My Dear Sh Dhingra Sahib,
I apreaciate the advice given by you. Many thanx for that.
The case was sent to the Collector of Stamps by Sub-registrar with remarks... " It has been decided that the instrument ....will be enquired into by Collector of Stamps for properadjudication of Stamps Duty ".
The collector of Stamps in his notice wrote " whereas you have violated the provisions of sec26 ...you are hereby called upon to explain s to why penalty shall not be imposed upon under sec 40..."
....."Non-appearance ......the matter shall be decided ex-parte. The recovery proceedings shall also be initiated under land revenue Act against you."
In view of the above, how should we proceed to withdraw the application w/o attracting any penalty or Stamp Duty since my son has changed his mind due to his personal reasons???
I shall appreciate, if you could study the issue once again and the give your comments/views. I shall remain indebted for your advice on the subject.
With fond regards to all of you,
Sincerely Yours,
Major ( Retd ) Bhupal Singh
Guest
(Expert) 03 October 2012
Dear Major,
From the position explained by you, it is clear that the case was sent for adjudication. It is also clear that the Collection has allowed you the opportunity to defend the case. So take advantage of this opportunity and your son should make submission that he be allowed to withdraw the application for relinquishment, as he is no more interested in doing so.
However, I would like to advise you to get the documents examined minutely by some expert on land revenue, stamp duty and property law and get his consultation as well application for withdrawal drafted effectively and convincingly before appearing before the Collector.
