Newphew cheated aunt by getting grandmum to sign relinquishment deed

739 votes

Sir,

Firstly, we have to see whether your grand father had any will or by what virtue the ownership got transferred in the name of your mother, her brother and your grand mother.

Secondly, on what basis your mother, her brother and your grand mother got mutation of the property in their names.

Thirdly, you have to check whether your mother's brother had any will and by what virtue, his son is claiming ownership.

Fourthly, you have to see whether the relinquishment deed is a registered document and who all are the witness to the said deed. Also check, whether your grandmother has any will.

Even otherwise, your grandmother never claimed to be an absolute owner of the property, therefore, your mother's share will never be ousted.

Once you ascertain these points, we will be in a better position to advice you.

Advocate Siddhartha Jain LawRato

753 votes

you have not written whether the relinwuishment deed has been registered in the office of sub registrar or not. if it is not registered , the same can be challenged. as per law all property transfer are required to be registered. as unregistered relinguishment deed can be challenged on number of grounds.

Advocate Vijay Kumar Babbar LawRato

581 votes

Please file a ciivl suit for cancellation of the relinquishment deed in question declaring it to be void along with prayer(s) for injunction and for declaration of your mother's share in the property in question. If the nephew has further proceeded to sell the property in question a suit for the cancellation of that particular sale deed will also have to be filed.

Advocate Mareesh Pravir Sahay LawRato