People Must Relinquish Right On Property On Registered Paper: Hc, ET RealEstate
BHOPAL | JABALPUR: MP high court said that if the letter of a person or persons relinquishing his/their right on ancestral property is not on a registered paper, they will all be entitled to share of property.
Dismissing a petition filed by Rajkumar Rajput stating that his three sisters had relinquished their right on the land inherited from their father, but they are now demanding their share in the land, the bench of Justice G S Ahluwalia said that the letter relinquishing right on ancestral property should be on a registered paper or else it has no legal sanctity.
The petitioner said that his father Gajraj Singh had land in Harda district. Following his death, the land was transferred in the name of his mother Nirmala. After the death of his mother, his three sisters submitted a letter relinquishing their right over the land before the tehsildar and the tehsildar transferred title of the land in his name.
However, later his sisters filed an application in the court of SDM demanding their share in the land. The SDM decided the case in their favour and cancelled the transfer of title in his name. He went in appeal against the order before the court of commission Narmadapuram but it maintained the order of the SDM.
He contended that his sisters had relinquished the right to the land on their own following which the land was transferred in his name. Since he didn’t feel it necessary then to get the letter relinquishing right on the land registered, he didn’t do it.
The court, however, held that in the absence of a registered letter declaring that the sisters had relinquished their right over the land, the order of SDM and commissioner is legally correct.
