Relinquishment Deed only acknowledging acts already done does not require registration #indianlaws

The question before the Bombay High Court was whether relinqushment deed requires registration

Following substantial question of law arose for consideration of the Court as to whether the Courts below erred in law in not exhibiting the document styled as ‘Deed of relinquishment without consideration’ for want of registration and, if yes, whether the proceedings to be remitted to the trial Judge?

The document in question was deed of relinquishment without consideration. Courts below had held that the said document required registration and since it was not registered, it was not admissible in evidence.

It was observed that vide said document in question, two real brothers acknowledged that they mutually effected partition of the ancestral property number of years back and one of them having received the allotted share had also sold the land of his share.

In fact the document in question was more in form of an acknowledgment of something which had taken place years back and on the basis thereof the declaring party concerned did not wanted to exercise any right over the property mentioned in the document. The document in question did not lead to creation or extinguishing of right/title/interest in the property.

In the instant matter, the Court held that such document does not require registration under section 17(1) (b) of the Registration Act and the Courts below erred in law by rejecting or ignoring the said document and accordingly the matter was remanded back.

[Bhaurao vs. Santosh]
(Bombay HC, 01.07.2014)