Can an affidavit signed by the sisters for transfer of property be rev

607 votes

Whether the affidavit can be revoked depends upon the nature of the document and the stage of the property transfer. If the sisters merely signed an affidavit or No Objection Certificate based on certain promises made by the brother, and those promises were not fulfilled, they may challenge the transaction by approaching the competent civil court. However, if a registered Gift Deed, Release Deed, Relinquishment Deed, or Sale Deed has already been executed and acted upon, mere non-fulfilment of promises may not automatically cancel the transfer. The sisters will need to establish that their consent was obtained through fraud, misrepresentation, undue influence, or that the transfer was conditional upon specific assurances. The exact legal remedy will depend on the contents of the affidavit and the documents executed thereafter. Kindly consult a property lawyer with all relevant documents for proper legal advice.

Advocate Madhura Akolkar LawRato

962 votes

Whether the affidavit can be revoked depends on its nature, contents and whether any transfer deed, release deed, relinquishment deed or mutation has already been executed on the basis of such affidavit. If the sisters signed the affidavit solely on the basis of promises made by the brother which were subsequently not honoured, they may have grounds to challenge the transaction before a competent civil court. If the affidavit was obtained by misrepresentation, fraud, undue influence or suppression of material facts, appropriate legal proceedings can be initiated seeking cancellation of the document and consequential reliefs. Kindly have all relevant documents examined by a local advocate to assess the available remedies and limitation aspects.

Advocate Sanket Ganpat Khamkar LawRato

544 votes

Yes, an affidavit may be challenged or revoked under certain circumstances. If the sisters signed an affidavit consenting to the transfer of property to their brother based on specific promises made by him, and those promises were not fulfilled, the sisters may have grounds to withdraw their consent or challenge the transaction. However, the legal effect depends on the stage of the transfer: If the property has not yet been transferred, the sisters can generally revoke their consent by issuing a revocation affidavit and notifying the concerned authorities. If the property has already been transferred, the affidavit itself may not be enough to reverse the transfer. The sisters may need to file a civil suit seeking cancellation of the transfer by proving that their consent was obtained through fraud, misrepresentation, undue influence, or false assurances. A mere failure to keep a promise does not automatically invalidate a completed transfer unless it can be shown that the promise was a material inducement for obtaining consent and was made dishonestly.

Advocate Aravind Pandit LawRato

805 votes

Yes, it depends on the nature of the affidavit. If it is only an affidavit and no registered transfer deed (such as a Release Deed or Gift Deed) has been executed, the sisters may revoke or withdraw the affidavit by executing a revocation affidavit and informing the concerned authority. If the property has already been transferred through a registered document, the affidavit alone cannot revoke the transfer. The sisters would generally have to file a civil suit to challenge the transfer on grounds such as fraud, misrepresentation, or breach of the promises made.

Advocate N. A. Rangapur LawRato