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Tuesday, July 27, 2021

Right on property can’t be relinquished on non-registered consent affidavit: Gujarat HC

The petition was moved by Roshanben Deraiya, who along with her sister Hasinaben Deraiya, had signed consent affidavits in August 2010, relinquishing their rights to an agricultural land in Shihor village in Bhavnagar, owned by their father Hajibhai Deraiya.

By: Express News Service | Ahmedabad |
Updated: July 15, 2021 1:49:55 am
The court of Justice AY Kogje noted that the consent affidavit “cannot be treated to be a relinquishment deed and therefore, the right of the petitioner on the basis of this document cannot be treated to have extinguished...” (File Photo)

The Gujarat High Court, in a judgment dated July 7, held that a document under which the right on a property is to be relinquished, requires to be registered under the Registration Act, without which it cannot be treated as a relinquishment deed.

The petition was moved by Roshanben Deraiya, who along with her sister Hasinaben Deraiya, had signed consent affidavits in August 2010, relinquishing their rights to an agricultural land in Shihor village in Bhavnagar, owned by their father Hajibhai Deraiya.

During the lifetime of their father Hajibhai, the names of three brothers of the petitioner — Noorahmmad Deraiya, Husenbhai Deraiya and Hasanbhai Deraiya — were added in revenue records for ownership of the land. Following the death of their father in October 2010, the land was distributed among the three brothers.

Roshanben challenged the change in revenue record certified in 2016, before the deputy collector. The application was rejected in 2017. Roshanben then filed a revision application before the Collector. However, the collector upheld the deputy collector’s order in 2018.

This was appealed against before the Special Secretary, Revenue Department (Appeals), which upheld the decision of the collector and deputy collector.

The court of Justice AY Kogje noted that the consent affidavit “cannot be treated to be a relinquishment deed and therefore, the right of the petitioner on the basis of this document cannot be treated to have extinguished…”

“Even after the death of the father, right of the petitioner on account of the succession for her share in the father’s share of the land in question was required to be examined… The order of the Deputy Collector is faulted on the ground of not considering the relevant material…,” the verdict notes.

The court quashed and set aside the orders passed by the deputy collector, collector and the Special Secretary, Revenue Department (Appeals) and directed the deputy collector to “expeditiously” hear Roshanben’s case on merits.

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