Monday, 9 April 2012

Release of Immovable Properties



Bombay Stamp Act, 1958
Article 52: Release that is to say, any instrument (not being an instrument as is provided by section 24 ) whereby a person renounces a claim upon other person or against any specified property –
(a)   if the Release deed of an ancestral property or part thereof is executed by and in favour of –
brother or sister
or son or daughter or
son of predeceased son or
daughter of predeceased son or
father or mother or
spouse of the renouncer or
the legal heirs of the above relations.  

Therefore, by virtue of aforesaid Article 52(a), the legal Heirs of ________ can validly make a Release of their right over ancestral property in favour of the legal heirs of their brother _______. ______ is the son of __________ and one of the legal heir of brother of a person who has so released his right.

Shailesh Harilal Poonatar versus Dist Collector of Stamps – 2004 (4) All MR 479;
Smt Asha K Bajaj versus Sub Registrar of Assurances – WP 6524 of 2000 – judgment dated 18-12-2000;

Jodha versus Hanumant – 1995 3 Bom CR 61;
AIR 1966 SC 337;
AIR 1967 SC 1395;
2001 (2) Bom CR 621;
71 BLR 305;

Gangaram Sakharam Dhuri through LRs Vishnu & Ors versus Gangubai Raghunath Ayare – 2007 (5) MhLJ 136.

Maharashtra Registration of Documents Table fees – 4(c) Registration fees would be Rs.400.

RELEASE DEED
(2010) 14 SCC 460 – Para 15 to 21

Release deed – Article 52 of Bombay Stamp Act – Asha Kiranlal Baja versus Sub Registrar of Assurances – 2001 (2) Bom CR 629

Section 6 – Transfer of undivided Share – there is no bar to an heir disposing of his undivided share in the estate of a deceased – Primella Sanitary versus Gurudas Vishwanath – 2010 (5) All MR 567


Release – Section 44 of Indian Contract Act – 1872;
The Chief Controlling Revenue Authority, Board of Revenue, Madras versus Mariappa Vellalar – AIR 1977 Mad 51 (FB).


Judgments on Release – Surrendering of benami property in the name of person who paid the consideration – the deed was considered as Release and not conveyance – AIR 1977 Mad 51 – Para 1.

Property released under a Will – whether conveyance or release – 2004 (4) All MR 479 – WP 5304 / 2004 – 26.08.2004 – Para 9.

Release of rights by heirs of deceased upon the administrator – 71 BLR 305 –

Release of rights by co sharer of property in favour of other co sharer – (2001) 2 Bom CR 629 – Para 3, 4.

AIR 1967 SC 1395 – Para 4, 6.


Section 30 – Legal Representatives – Validity of transfer – AIR 1975 SC 1470 – Ramesh Shah versus Harsukh; Sind CHS Ltd versus Gangabai L Chabaria – 1968 CTD 11; AIR 1982 Bom 482.

Rule 19.

Hindu widow surrendering her estate in favour of a next reversioner – Jwala Bank Ltd versus Sheobodh Chandra Banerjee – AIR 1947 All 104;

Hindu Son disclaiming his right to succeed to the property – Chinnathayi versus Kula Sekhara Pandiya Naicker – AIR 1952 SC 29.


Family Settlement Deed (of Immovable Property) –
Article 5(h)(b) – Rs.100=00 Stamp duty
Registration is necessary – AIR 1966 SC 292; AIR 1976 SC 807.

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