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What is the validity of unregistered relinquishment deed of 1918 ?
04-Feb-2023 (In Property Law)
I have my ancestral agricultural land. The relinquishment deed was in my ancestors name in year 1918. Since then land has been under us. We have our home , orchard etc. On that land. The land rent , mutation etc is in our name. The relinquishment deed was not registered.Now, in 2012, there is a claim from another party who falsely has got the land registered and mutation done. I have filed a civil suit for cancellation of registration in civil court and cancellation of mutation in DM'S court against that party.Tell me what is the validity of relinquishment deed of 1918 which is not registered? What is way ahead? I am a Hindu by religion ..
Section 17 (1) b of the registration act mandates that any document which has the effect of creating and taking away the right in respect of an immovable property must be registered and 49 of the Act imposes bar on the admissibility of an unregistered documents.
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What happens if release deed is not registered?
A person with an interest in immoveable real estate cannot release the property orally or through an unregistered document, as this would constitute either a conveyance or exchange (if for consideration), or a donation if attested by at least two witnesses. If not attested, it would be invalidated as a contribution.
Is an unregistered deed valid?
A non-registered agreement of sale that does not include the delivery of the property, is not sufficient. According to Section 54, a non-registered agreement cannot be used as a means of transferring title.
What is the validity of unregistered gift deed?
Indian law states that a deed not registered will be ineffective after 30 years. The Transfer of Property Act 1882 and The Registration Act 1908 both state that a gift of movable property may be made by a signed and witnessed instrument.
What is the validity of release deed?
In India, a release deed (also known as relinquishment) for immovable property, is a legal document that is valid and legitimate. 16-Feb-2022
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