Validity of unregistered release deed
20-Feb-2023 (In Civil Law)
My grandfather released his rights from some immovable property to his brother by an unregistered release deed . Is this unregistered deed is admissible as evidence in court if we challenged this unregistered release deed is not valid
unregistered release deed is not a valid document, any document to be admissible before the court it must be a registered document, Registration Act and evidence act clearly establishes that any document to be admissible before the court it has to be registered, definitely we can challenge the same before the court and issue stay order.
thanking you
thanking you
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.
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 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
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.
yes you are right if it is not registered then it is not a valid document, you can file a case and challenge it , to transfer or relinquish, release any right in immovable property it should be compulsorily registered in sub registrar office or it is nothing in the eyes of law
if your father is alive then request him to file suit for partition against your uncle and ask your legitimate share in the said property and if having other properties ask partition in all properties. you may also file suit if your father is no more
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