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...share in the property, had been paid a sum of Rs 40,000 and she had executed a deed of relinquishment. The said fact is not denied. All other sisters were, thus, aware thereof. They knew what was ...made for consideration, the particulars of consideration and other particulars which (sic) are required to be averred in the deed being essential elements thereof. Relinquishment of a property by ...law, may be effected either for consideration or for no consideration. In either case, if the transaction operates as a relinquishment or a renunciation of a claim by one person against another or against ...
...relinquishment of share in the Indian context, may be for consideration or may not be for consideration and Section 25 of the Contract Act m...particulars of consideration and other particulars which (sic) are required to be averred in the deed being essential elements thereof. Relinquishment of a property by a sister in favour ...for no consideration. In either case, if the transaction operates as a relinquishment or a renunciation of a claim by one person against another or against a specified property, it will b...
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Special Government Pleader
O R D E R
The petitioner has presented a document for relinquishment of a ...registration of the relinquishment deed presented by the petitioner was refused by the second respondent on the ground that in respect of the subject property, a sale agreement vide Document No.2332 ...is not supposed to refuse to register the document. The learned counsel by referring Section 54 of the Transfer of Property Act submits that a contract for sale of immovable property by itself doe...
...admission in evidence which was opposed at and being declined by the impugned order, holding that the same records relinquishment of right over a portion of immoveable property which being of more.... Relinquishment of a property by a sister in favour of her brother for a consideration or absence of it, stands on a different footing. Section 25 ..., if the transaction operates as a relinquishment or a renunciation of a claim by one person against another or against a specified property, it will be a release..." It is, ther...
...consideration, the particulars which (sic) are required to be averred in the deed being essential elements thereof. Relinquishment of a property by a sister in favour of her brother for a...or for no consideration. In either case, if the transaction operates as a relinquishment or a renunciation of a claim by one person against another or against a specified property, it wil...respondents/D-2 to D-6 are his children. The appellant herein/plaintiff has executed a release deed, dated 30.2.2008 without mentioning any property. Subsequently, some of the properties were added in...
... consideration and other particulars which (sic) are required to be averred in the deed being essential elements thereof. Relinquishment of a property by a sister in favour ...not create title but relinquishment of a property by a sister in favour of her brother for a consideration or absence of it, stands on a different footing.
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the plaintiff No.1- Suman Prasad and such a document is not recognized by the Transfer of Property Act. The learned first appellate court...
...memorandum dated 5-6-1975 have to be construed as relinquishment deeds. A relinquishment deed which is compulsorily registrable document under Section 17(1)(b) of the Registration Act, 1908...thorough reading of both Exts. B-21 and B-22 makes it very clear that there is relinquishment of right in respect of immovable property through a document which is compulsorily registrable documen...transaction, but they prima facie disclose the partition of the property and relinquishment of rights by one of the parties. As such, both documents require stamp duty under the...
...deed being essential elements thereof. Relinquishment of a property by a sister in favour of her brother for a consideration or absence of it, stands on a different foot...release declaration was not as per the provisions of the Registration Act. Mr. Patel submitted that as per the Registration Act, for relinquishment of right in any immovable property, registration is...that the document of release declaration was not available and what was relied for the purpose of executing the sale deeds in favour of respondent No. 1 was not a legal release declaration as the same...
...written statement, the appellant had set up the plea that the property in dispute was in the nature of joint family property and that even after the alleged deed of relinquishment, parties were living toge...Bhatia. The appellant is the son of Ratan Lal Bhatia. Ratan Lal Bhatia died intestate. On his death, a registered deed of relinquishment was executed in favour of Sharda Rani Bhatia by the appellant...her in the property. The suit was filed by Sharda Rani Bhatia for recovery of possession from the appellant and for consequential relief. The original plaintiff is stated to have executed a deed of...
...subject to payment of Rs.5,00,000/- and meeting the cost of construction of a house. At any rate, relinquishment of a property by an undivided owner is to be in writing and is to.... Alternatively, it was contended that the plaintiffs were given money in lieu of they relinquishing their shares and that such a relinquishment was done when proceedings before the Tahasildar were..., a co-heir could merely on the basis of grant of the occupancy rights in his name exclude the other co-heirs from partition of the property so granted...
...construction of a house. At any rate, relinquishment of a property by an undivided owner is to be in writing and is to be registered in accordance with Section 17 ...property under registered sale deed dated 29.06.2010 for a valuable consideration and that defendant No.3 is a bona fide purchaser of "B"
schedule property. It is...stated that on purchase of the "B"
schedule property, defendant No.3 has constructed a residential house by obtaining loan from bank and defendant No.3 would be put to...
...share of each of the plaintiffs in the suit property. The plaintiffs have also sought for a declaration that the registered relinquishment deed dated...elements thereto. Relinquishment of a property by a sister in favour of her brother for a consideration or absence of it, stands on a different footing. Section 25 ...
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cause of action for seeking a declaration that the registered relinquishment deed dated 29.12.2004 is not binding on...
...Thangavelu Pillai v. Doraisami Pillai was that the Hindu Law requires for the validity of a relinquishment by a co-parcener of his interest i...inherit the property after the death of defendants 1 and 2” and “that 3rd defendant has no interest, etc.”, were unnecessary and discretion of the Courts as to declaratory reliefs was not exercised...only that he should accept a trifle but also that he should be in possession of ability to support himself otherwise by his own exertion. The texts of Manu and Yajnavalkya relied upon for this...
..., thus, a release is made for consideration, the particulars of consideration and other particulars which (sic) are required to be averred in the deed being essential elements thereof. Relinquishment of a ...not interfere only because the property is a very valuable one. Grant or refusal of injunction has serious consequences depending upon the nature thereof and in dealing with such matters the court must...for a long time and allowed another to deal with the properties exclusively, ordinarily would not be entitled to an order of injunction. The Court will not interfere only because the property is a very...
...the deed of relinquishment as a fictitious document to avoid confiscation of property is also correct.7. For these reasons the appeal is dismissed with costs....the High Court. The High Court gave two cogent reasons as to why the deeds of relinquishment were never acted upon. One was that a sale deed was executed on October 28, 1942 by Reoti Saran for self...speak of events that took place in 1922 or before that. Lakshmi Chand was separated and he accepted one-fourth share in 1934. If the deed of relinquishment had been a genuine document then Lakshmi...
...residence in the property sold, on the ground that for acquiring full transferable title in the property, they had to obtain a relinquishment from their mother of her right of residence therein, a...law in holding that the sum of Rs. 60,000 paid to the mother of the assessee, Smt. Punnialakshmi Ammal, was for relinquishment of her right in the property sold and hence in computing the capital gains ari...the mother in the property in question had been purchased by getting a relinquishment for a consideration of Rs. 60,000, the said sum could not be taken to be consideration paid in respect of the ...
... contended that she had accepted to relinquish her share subject to payment of Rs.5,00,000/- and meeting the cost of construction of a house. At any rate, ...cultivating the suit property as tenants, which was totally measuring 28 acres 11 guntas. Ningappa, the father of the plaintiff being the eldest member of the family and as a Kartha of the joint family...evidence independently arrived at a conclusion that the plaintiff has proved her relationship with that of Ningappa and the plaintiff is entitled for 1/3rdshare in the suit property...
.... Relinquishment of a property by a sister in favour of her brother for a consideration or absence of it, stands on a different footing. Section 25 ..., 1956, the counter claimant No. 1 does not have any right of inheritance to the property left by Rabindra Kr. Das inasmuch as during subsistence of the marriage, any marriage by a Hindu male is...law that since the property was purchased from the fund of Rabindra Kr. Das, the said property is a Benami property and Pratima Bala Das being the Benamdar does not have any competence to transfer the...
....2. The other contention taken before the High Court was whether as a result of the alleged relinquishment of his rights by the appellant in his family properties it should be deemed that there was ...from the rest of the family, namely, his sons, in view of the relinquishment deed alleged to have been executed by him on August 24, 1948. The said deed was not before the High Court. Therefore, the.... The learned Counsel for the Revenue represented that in enforcement of these assessments the Revenue will not proceed against the appellant personally or against his personal property. This assurance...
.... Relinquishment of a property by a sister in favour of her brother for a consideration or absence of it, stands on a different footing. Section 25 ..., 1956, the counter claimant No. 1 does not have any right of inheritance to the property left by Rabindra Kr. Das inasmuch as during subsistence of the marriage, any marriage by a Hindu male is...law that since the property was purchased from the fund of Rabindra Kr. Das, the said property is a Benami property and Pratima Bala Das being the Benamdar does not have any competence to transfer the...