Wrong deed number mentioned on the deed of relinquishment
Querist :
Anonymous
(Querist) 15 June 2023
This query is : Resolved
My grandfather has acquired a property in 1963. His younger brother was also a co-owner of the property at the time of acquisition. In the year 1979, younger brother made a deed of relinquishment and relinquished all his rights in the property. Due to certain typing error, the registration number of the property was wrongly mentioned on the deed of relinquishment but the rest all the details pertaining to the property correctly mentioned on the deed of relinquishment. Both of them died long back. Now my mother is occupying the property who happen to be a widow. The family of the younger brother was never in occupation of this property. Now the son of the younger brother has filed a suit and claiming 1/2 of the ownership of the property. Need guidance of this....
Thanks in advance
kavksatyanarayana
(Expert) 15 June 2023
How many children are there to your grandfather? As his brother relinquished his rights over the property, your grandfather was the sole owner of the property. So his brother's legal heirs cannot claim in the property of your grandfather.
T. Kalaiselvan, Advocate
(Expert) 16 June 2023
If there is an error in the registered relinquishment deed, then it can be rectified by executing a registered rectification deed, however it should be done by the releasor or by his legal heirs if he is not alive.
If the successors/legal heirs refuse or reluctant then the beneficiary or his successors in the absence of the beneficiary can file a suit before court against the legal heirs seeking direction to execute the rectification deed, failing which the court to execute the same.
Dr. J C Vashista
(Expert) 16 June 2023
Since the relinquishment deed is stated to have been registered in 1979 which is more than 30 years document, need no rectification for alleged typographical error, it shall be ignored as a presumption in terms of Section 90 of the Indian Evidence Act, 1872 which provides:
90. Presumption as to documents thirty years old
Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation – Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin, probable.
This explanation applies also to section 81.
T. Kalaiselvan, Advocate
(Expert) 16 June 2023
I partiality disagree with the opinion rendered by expert Dr. JC Vashista Sir.
This is an error of the vital information about the link document, hence it has to rectified to ensure clear and marketable title to the holder.
Advocate Bhartesh goyal
(Expert) 16 June 2023
Mentioning registration numbers of property wrongly in relinquishment deed does not affect on validity of relinquishment deed when other particulars of property are mentioned correctly in deed.Defend the case filed by your cousin strongly.
Querist :
Anonymous
(Querist) 16 June 2023
I am really thankful to Sri Kalaiselvan ji, Sri Vashista Ji, Sri Satyanarayana ji and Sri Goyal ji for your quick response. It will really help me a lot and to our family in this case.
Dr. J C Vashista
(Expert) 17 June 2023
Dear Sh. T Kalaiselvan ji,
Your point of disagreement is valid to the extent that the registration number of the relinquishment deed has wrongly been recorded on the document, which should have been rectified by registration of a rectification deed.
However, as clarified by learned expert Sh. Bhartesh Goyal ji other particulars of subject property i.e., boundaries have correctly been recorded in the subject relinquishment deed, hence the typographical error observed after 30 years of period shall not affect title of the vendor.
Please correct me if you find some legal lacuna in my opinion.
Thanks and Regards
