How to challenge / cancel relinquishment deed?
20-Sep-2023 (In Property Law)
I wish to state that I am living in West Delhi, on 15/10/2015, we (myself & my sister) have made the RELINQUISHMNET DEED in favour of my MOTHER, but after the few month, my mother turned to against my family and disinherit us on june 2016 and after on march 2017 filled a suit for immediate vacate from house. May I challenge / cancellation of relinquishment deed which I have made in favour of my mother on oct-2015, my sister who also legal hires made RD with me in favour of mother , but now she is supporting my mother.
Although there is no such way to reverse from a decision which you have taken without any undue influence. But as you are suggesting that your own mother was the beneficiary of the same and now she has turned hostile. You can challenge the deed only when you show that the said RD has been executed under some undue influence and if the Said fraud or undue influence is genuine then You can go for cancellation of the same
What are the grounds for revocation of relinquishment deed?
If you have committed fraud to deceive him.
If he was forced or influenced into entering the agreement.
The final document may have misrepresented his intent.
What is the time limit to challenge a relinquishment deed?
Three years are the time limit for challenging a relinquishment document. In these cases, the deed must be canceled by all parties. 22-Jun-2023
What is the Supreme court Judgement on relinquishment deed?
Supreme Court judgements on Relinquishment Deed
The Supreme Court ruled that a relinquishment act could not transfer title to another person. Renunciations should be made in these acts in favor of someone who already has a legal title to the property.
What is the limitation period for cancellation of release deed?
You have three years to file a lawsuit in India if you discover that a deed was executed against your property. According to the Indian limitation act, this period is three years.
I presume that you and your sister have executed a registered relinquishment deed in favor of your mother.
As per the law, if you have executed and registered a legally valid Relinquishment Deed, then you can not cancel it now,
2. You can not claim back your share of the property which you had relinquished long back under any ground.
However, if you were a minor at the time of executing the deed, you can challenge the same in court.
For further queries, plz feel free to contact.
As per the law, if you have executed and registered a legally valid Relinquishment Deed, then you can not cancel it now,
2. You can not claim back your share of the property which you had relinquished long back under any ground.
However, if you were a minor at the time of executing the deed, you can challenge the same in court.
For further queries, plz feel free to contact.
Yes you can easily challenge this relinquishment but certain details which are most important are missing such as how many siblings are you and whether the property in question is a inherited one or self accquired by your parents.please provide the details so that l can suggest you better
The relinquishment agreement can only be revoked if both parties that originally signed it agree to do so. All parties must agree to execute an updated deed of cancellation that clearly states their intention to cancel the prior relinquishment agreement.
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