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Do limitation act apply to cancellation for relinquishment deed?
31-Oct-2023 (In Property Law)
Relinquishment deed registered in 2011. My aunt died in 2014. and his children file case to cancel relinquishment deed in 2017. does act of limitation applies to this case ( 3 years criteria)
Once a relinquishment deed has been executed, it cannot be reversed except-
1. where the parties to the deed themselves agree to have the deed cancelled, or,
2. where it is proven that the deed was executed by force, fraud or undue influence.
However, there is no such limitation to have the relinquishment cancelled if the above two conditions are met.
1. where the parties to the deed themselves agree to have the deed cancelled, or,
2. where it is proven that the deed was executed by force, fraud or undue influence.
However, there is no such limitation to have the relinquishment cancelled if the above two conditions are met.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Can relinquishment deed be challenged after 3 years?
Validity of Relinquishment deeds
To ensure it is fair and legal, all parties must review the deed. A release deed may be challenged in the first three registration years under certain circumstances. 22-Jun-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.
What is the limitation period to challenge 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
Limitation period is 3 years but it depends upon the adjudicating judge and consider the case for granting of permission. Therefore it can be said that Judge will apply his mind for deciding this case.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Three years are the time limit for challenging a relinquishment document. In these cases, the deed must be canceled by all parties.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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