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R. K. Jain (Chairman)     31 July 2012

Relinquishment deed

Hi,

My father died without making of will. My mother & grand mother had already expired. I have five sisters & we are two brother (me & another one is younger than me). All my sister are elders to me. My eldest sister is living in USA. Out of my four sisters, two sisters relinquish their 100% right (in my father undivided property) in my favor & another two sisters relinquish their 100% right (in my father undivided property) in my younger brother favor. Both the RD are registered with the sub registrar on different days. We both also deposit the pay order in favor of DDO, DC....., as demanded for the registration of RD.     

Now, The sub registrar deny to deliver the RD as he say that your one sister did not relinquish her right, so, I will treat it as gift deed & will impose the duty & penalty over it.

I request him that it is not gift but RD as my four sisters want to relinquish their rights & the fifth one is not, how it can be treated as gift deed? But, he did't hear me.

Pls help me. He is going to ompose heavy duty & penalty. 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 July 2012

An instrument can be called relinquishment deed by which one extinguishes his/her interest in favour of all the other surviving coparcenors and not just one or two of them, in case of extinguishment in favour of some of them, it is in essence a gift deed.

surjit singh (Assistant)     31 July 2012

Its true as Mr Bhagat, in this case the legal meaning of word  "relinquishment" has a great effect.


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