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Relinquishment deed Relinquishment deed

10 months ago

Total members 5- ABCDE .. 3 members (ABC) ready to leave legal rights of that land to 'D' but 'E' not ready. So by which section or act of property law comes under this??
Also which documents is necessary for hakksod Patra ( relinquishment deed) . Which content has to specifically mention that indicates 80% ownership of 'D' ??

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
Nobody can claim force and no law can force E to execute relinquishment deed. E can enjoy his share independently. You may enter into settlement deed or otherwise file a suit for partition.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.In absence of nature or class of property i.e, whether the property is ancestral property or self-acquired property left intestate by the owner or the title of the property devolved through testamentary documents i.e, Will or Gift. no suitable response be made to your query. So revert to us with more details to enable us to respond you query properly.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Dear client,

Under section 44 of the T. P Act, a co-owner can sell his extent of share in a joint property, consent of the other co-owners not necessary.
However, in order to sign over legal rights of the entire property, you need the consent of all owners.

DOCUMENTS REQUIRED FOR RELINQUISHMENT DEED:-

A legal document- which is required by the heir of the property to distribute it among the other family members with all the legal rights.
Irrevocable- if there would be no consideration or if the property is not owned by more than one person, the deed can easily be irrevocable.
Consideration- the deed cannot be made without consideration.
Registration- the deed was formulated under the Registration Act of 1908, so it is mandatory to register the deed in the sub-registrar office.
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