LawRato

Can relinquishment deed be cancelled, please advise the procedure.


28-Jan-2023 (In Property Law)
Father died with no will in Hindu Familly. Mother, 3 sons and 3 sisters wrote a relinquishment deed in favor of mother for the House Property. One of the brother has now acquired property and is running a business at residential property. Can one of the Brother(not the one running the business) file a cancellation for this on this ground?
Answers (4)

Answer #1
739 votes
Three sons and three daughter already wrote a release deed or relinquishment deed regard to the said property in the favor of mother in thereafter brothers and sisters no right to used or sell the property, mother have only right to used the property
People also ask

What is the limitation on a relinquishment deed?

According to the Limitation Act a relinquishment agreement must be revoked in three years after the date the right was granted. This period of three years begins on the date the deed was executed and registered. 04-Oct-2023

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 misinterpreted his intent.

How can relinquishment deed be challenged?

Can a relinquishment act be challenged? Relinquishment acts can be challenged on the basis of fraud, undue pressure, coercion and misrepresentation. To cancel the deed, however, all parties must agree. The court can also cancel it.

What is the Supreme court Judgement on relinquishment deed?

Relinquishment Deed Validity

  
Answer #2
581 votes
Asper Hindu succession Act, a male dies without making a will,the property will be shared equally among the heirs,ie ,heirs within class 1. So your mother,that is widow of the diseased, 3 sons,and 3 daughters have equal rights over the father's property. And in your case,all of them wrote relinquishment deed in favor of mother. And now the property belongs to the mother and no one else has the right on it. The brother has no right to acquire the property an run business. Above all a relinquishment deed cannot be cancelled in any reason. But can be challenged and set aside in the court of law by claiming excemptions.

Answer #3
770 votes
As per ur statement brother can file case for cancellation of deed in appropriate competent court where property is situated for his owned share along with stay petition ,and also file cr case rest on wish a vise
Answer #4
433 votes
The relinquishment agreement can only be revoked if both parties that originally signed it agree to do so. All parties must agree to sign a new deed of cancellation that clearly states their intention to cancel the prior relinquishment.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."