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

800 votes

Yes, depending on the facts and the stage of transfer, an affidavit or relinquishment given based on false promises may be challenged or revoked through appropriate legal proceedings. I can help you examine the documents and advise on the best legal remedy available in your case.

Advocate Riddhi Pratap Bothara LawRato

720 votes

If it is a notarised document it can be revoked easily without any complications only with a notice if your brother has not kept any promises about money given to you in favour of the property, you can even claim the promises which he has given to in the Court in the form of compensation and money

Advocate Moksh Jain LawRato

955 votes

An affidavit by itself does not necessarily transfer ownership rights in immovable property. The legal position depends on whether any registered relinquishment deed, release deed, gift deed, or conveyance document was subsequently executed and whether the property has already been mutated in the brother's name. If the sisters signed the affidavit solely on the basis of specific promises made by the brother and those promises were not fulfilled, they may have grounds to challenge the transaction, particularly if there was misrepresentation, fraud, undue influence, or breach of an agreed condition. However, once a registered transfer document has been executed and acted upon, cancellation generally requires appropriate proceedings before a competent civil court. Kindly share copies of the affidavit and any registered property documents for a detailed legal opinion.

Advocate Sanket Ganpat Khamkar LawRato

821 votes

Yes, an affidavit can be challenged, withdrawn, or its effect neutralized in certain circumstances, but the answer depends on the nature of the affidavit, the stage of the property transfer, and whether the brother acted upon it. Grounds: Fraud Misrepresentation Undue influence Coercion False promises made to induce them to sign

Advocate Fazlurrahman Shaikh LawRato

663 votes

An affidavit by itself does not automatically transfer ownership of property. If sisters signed an affidavit or No Objection Certificate (NOC) in favor of their brother based on certain promises, and those promises were not fulfilled, the sisters may challenge the affidavit and withdraw or revoke their consent, particularly if the property transfer has not yet been completed. If the property has already been transferred in the brother's name, the sisters may file a civil suit seeking cancellation of the transfer by alleging that their consent was obtained through misrepresentation, fraud, undue influence, or false assurances. Under the provisions of the Indian Contract Act, 1872 and the Specific Relief Act, 1963, a document executed due to fraud or misrepresentation can be challenged before a competent court. However, if the sisters knowingly and voluntarily executed a valid registered relinquishment/release deed or gift deed and there was no fraud, coercion, or misrepresentation, mere non-fulfillment of a promise may not automatically invalidate the transfer. The facts and evidence of the promises made will be crucial. Therefore, whether the affidavit can be revoked depends on: The exact contents of the affidavit; Whether the property transfer has already been effected; Whether any registered deed was executed; Whether there is evidence that consent was obtained by fraud, misrepresentation, or false promises.

Advocate Aravind Pandit LawRato