Double registration - RELINQUISHMENT DEED
9 months ago
I purchased a property as first buyer in 1987 and the same was sold to someone else in 1998. I have applied for building permission in Municipal office but they rejected as its double registered. 2nd buyer agreed to sign any document as we are paying him an amount. Someone suggested to do RELINQUISHMENT DEED mentioning the reason for voluntarily leaving his rights on the property.
1. Will this registered RELINQUISHMENT DEED reflect in EC?
2. If I show this RELINQUISHMENT DEED, will it act as a proof that I will be the sole owner of the property?
A.Dear Client,
When you bought a property in 1987 and sold it to another in 1998 through a registered deed of conveyance, then the latest buyer is the owner of the said property, and being the owner of the said property he should apply for permission for the construction of a building from the Municipal Authority who rejected the application on the ground of double registration. The status of the Deed of Conveyance overrides the RELINQUISHMENT DEED in the absence of its legal sanctity and enforceability. A deed of Conveyance can only be cancelled in compliance with an order of the Civil Court. So 2nd buyer being the owner cannot revert back the title of the property through a RELINQUISHMENT DEED and accordingly, it can not prove your ownership of the property. So, the Municipal Authority's stand behind the rejection of the application shall be upheld even if the matter is litigated. Reach out to an Advocate for guidance and steps.
When you bought a property in 1987 and sold it to another in 1998 through a registered deed of conveyance, then the latest buyer is the owner of the said property, and being the owner of the said property he should apply for permission for the construction of a building from the Municipal Authority who rejected the application on the ground of double registration. The status of the Deed of Conveyance overrides the RELINQUISHMENT DEED in the absence of its legal sanctity and enforceability. A deed of Conveyance can only be cancelled in compliance with an order of the Civil Court. So 2nd buyer being the owner cannot revert back the title of the property through a RELINQUISHMENT DEED and accordingly, it can not prove your ownership of the property. So, the Municipal Authority's stand behind the rejection of the application shall be upheld even if the matter is litigated. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
A.Dear client,
Yes, it is proof of ownership. However, title deed is a better proof. A Relinquishment deed is a legal document created when any co-owners of an inherited property want to give up their rights and claims on the property and transfer it to another co-owner.
Yes, it is proof of ownership. However, title deed is a better proof. A Relinquishment deed is a legal document created when any co-owners of an inherited property want to give up their rights and claims on the property and transfer it to another co-owner.
Helpful
Helpful
Share
Read Related Answers
Caste change
Dear Client,
In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widow...
Tree near boundary
Dear Client,
It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
Property way dispute
Dear Client,
You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
Suit for Declaration Clarification
Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
Regarding Preamtion
Dear Client,
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
