The Nagpur Division of the Bombay High Court recently ruled that surrendering of one’s rights in an immoveable property will be recognised as evidence in law, only if the ‘relinquishment deed’ through which the surrender has been made, has been duly registered with the office of the Sub-Registrar of Assurances having jurisdiction over the immoveable property.

In the present case, the appellant and the respondent are sister and brother, respectively. Their father, who owned certain parcels of agricultural land (“Land”), passed away in 1977, leaving the two siblings as his legal heirs. The sister demanded partition of the Land, but the brother did not respond.

Taking advantage of sister’s faith in him, the brother deceived the sister by obtaining her signature on a deed of relinquishment, misrepresenting that it was relating to partition and that he has given his sister her share in the Land. However, he did not handover physical possession of sister’s share in the Land to her.

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