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Daughters relinquised share can they inherit again after mother died


05-Jul-2023 (In Property Law)
Father died in 1968 and 3 sisters relinquised their share in favour of B(mother) & two brothers C & D.The following two clauses are reproduced below of R.D. n2.That I as daughter do not claim any right, title or interest in the said house no.65 in Delhi or the lessee rights of the land under the said house no.65 in Delhi which lessee rights have been granted by the government of India,as mentioned above. nn3.That by this deed of Relinquishment I further relinquish my rights to claim any ownership or interest or any share in the said house no.65 in delhi ,or the lessee rights in the plot under the said houseQ The contention of the respondent adv. is that each para has to be read separately as per Supreme Court guidelines and the and as per para 2 & 3 the property has been relinquished forever and it cannot be inherited again by 3 daughters after mother died. Any citation sec 115 Evidense act and section 43 of T.P.act may apply. Can daughters claim their share after mother died
Answers (3)

Answer #1
979 votes
in case a relinquishment deed has been executed by the sisters in favour of their mother they do not have any right in the said property unless something regarding the after death scenario has been mentioned in the deed or the mother has executed a will in which she has given a share in the said property to the daughter. for advising you properly I will have to read the relinquishment deed and the other papers in consonance with one another.
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Answer #2
932 votes
Yes the daughters can claim their right in the property as legal heirs of the mother.
they had relinquished they are share in the property which was passed on to them being legal heirs of their father.
it is immatorial that the same property is now being inherited by them as legal heirs of their mother.
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Answer #3
672 votes
After relinquishment they can’t claim their right over Propety. They could have challenged the relinquishment deed but then it’s even too late for the same ….better u hire an expert advocate for the same& if u have already hired one then there is no point pasting your questions. Let your advocate do his job ..
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