Can i revoke my irrevokable Consent Declaration
02-Feb-2023 (In Documentation Law)
I am an Indian Roman catholic aged 60 years. We are 3 brothers. Way back in 1998 I had given my irrevokable consent declaration to my eldest brother regarding our parent's flat stating that whatever share of mine in that flat, I surrender to him. But after the demise of my father, my mother is residing with me and my family. None of the other 2 brothers care for her well being financially or physically. Hence i dont want to give my share in the flat to my elder brother. The consent declaration is not registered but notarised, and the original is with my brother. How do i get it revoked. Thanks.
A Relinquishment deed once executed and registered can be cancelled in two ways :-
1) By a cancellation deed executed by the brother with all the sisters parties - this needs to be registered.
2) If the relinquishment was flawed - i.e consent was obtained through fraud/coercion/undue influence etc. filing a suit for cancellation will solve the problem.
Please answer the following queries:-
1. When it was signed ?
2. The brother has done anything after signing the relinquishment deed ?
1) By a cancellation deed executed by the brother with all the sisters parties - this needs to be registered.
2) If the relinquishment was flawed - i.e consent was obtained through fraud/coercion/undue influence etc. filing a suit for cancellation will solve the problem.
Please answer the following queries:-
1. When it was signed ?
2. The brother has done anything after signing the relinquishment deed ?
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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