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What does release deed matter mean in Property law ?
14-Nov-2023 (In Property Law)
sir my grand father and his two brother purchased a agriculture land many years ago.now one of his brother made a release deed in favor of my grand father in 2007.now in 2011 my grand father died and this land is came in name of my father, and grand mother,and one brother of my grand father as we know a legal process.now in 2015 my grand mother and one brother of my grand father also made a release deed in favor of my father.now in govt. record it is in the name of my father. now the brother of my grand father who made release deed in 2007 made a complaint that because this land is purchased by him and his two brother it can not be transferred by release deed ,it should be registry,he write in complaint that they made a huge revenue loss to govt by this act,as if the registry could be done the govt get huge income by stamps duty. he said in complaint that they give bribe to tehsildar to do so.he said in complaint that this release deed should be cancel and govt take necessary action.
A deed of release is usually issued once a mortgage or other type of debt, previously secured against the asset, has been paid in full. After the deed of release is written, the asset is owned free and clear by the owner, and any previous claims against the asset that the lender may have had are dissolved. A release deed is something which one wants to execute if he wants to relinquish his claims over the property either for a consideration or without consideration.
In your case, your Uncle is correct in saying that land cannot be solely transferred to you through release deed as they are also the co-ownership, other allegations require consideration.
That you have right in that property to the extent the share of your grandfather in the property.
You must file a suit for partition.
In your case, your Uncle is correct in saying that land cannot be solely transferred to you through release deed as they are also the co-ownership, other allegations require consideration.
That you have right in that property to the extent the share of your grandfather in the property.
You must file a suit for partition.
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Adv. Darsh Pareek
Jaipur | 25+ Answers
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There is no need of registry is cosharer or equal owner execute release deed in favor of another owner. Release deed means he has given his share to another owner for which no registered sale deed is required. For more details contact.
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Adv. Anil Vyas
Jodhpur | 100+ Answers
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Very Important and interesting question. Gift deed and release deed is to be discussed and considered – The matter can rightly be reopened by the stamps and registration department because in an ancestral land the rights can be relinquished through release deed registered but self-acquired land can only be transferred either through sale deed or gift deed and government generates its revenue.
In this case, government can reopen this matter but your grandfather doesn’t have a right to challenge the transaction because he has released his rights through a document duly registered.
In this case, government can reopen this matter but your grandfather doesn’t have a right to challenge the transaction because he has released his rights through a document duly registered.
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Adv. Syed Zakawat Ali
Jaipur | 25+ Answers
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