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How to proceed for challenge or cancellation of relinquishment deed
20-Sep-2023 (In Property Law)
I wish to state that I am living in West Delhi, on 15/10/2015, we (myself & my sister) have made the RELINQUISHMNET DEED in favour of my MOTHER, but after the few month, my mother turned to against my family and disinherit us on june 2016 and after on march 2017 filled a suit for immediate vacate from house. May I challenge / cancellation of relinquishment deed which I have made in favour of my mother on oct-2015, my sister who also legal hires made RD with me in favour of mother , but now she is supporting my mother.
First we have to see whether the relinquishment deed is registered or not. If the same is just notarized then it doesn't carry any value. Any which way a suit for declaration can be filed against your mother and sister for cancellation of the aforesaid deed on various grounds which can be ascertained later. But filing of a suit is necessary otherwise you have no other right.
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Adv. Mohit Arora
Delhi | 25+ Answers
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What is the limitation of release deed?
You have three years to file a lawsuit in India if you discover that a deed was executed against your property. According to the Indian limitation act, this period is three years.
What is the time limit to challenge a relinquishment deed?
Three years are the time limit for challenging a relinquishment document. In these cases, the deed must be canceled by all parties. 22-Jun-2023
Is release deed without consideration valid?
For a release deed, some form of consideration is required. This can be in the form of the transfer of security from the banker of the debt to the owner of the property. 10-Nov-2022
How do I challenge a relinquish deed?
Relinquishment Deed: Is it contestable? 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.
A Relinquishment deed can only be cancelled by either of the following;-
1. Registration of a Cancellation Deed to be executed between the one who relinquished the property and the person in whose favour it was relinquished,
2. Fling a suit for cancellation with the plea that the party who relinquished the share did not give an unequivocal consent for the relinquishment and the same was obtained by the other party through fraudulent or deceitful means
1. Registration of a Cancellation Deed to be executed between the one who relinquished the property and the person in whose favour it was relinquished,
2. Fling a suit for cancellation with the plea that the party who relinquished the share did not give an unequivocal consent for the relinquishment and the same was obtained by the other party through fraudulent or deceitful means
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Adv. Palak Nenwani
Delhi | 100+ Answers
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Hello. I regret to inform that property once relinquished can't be cancelled. However you can file suit for setting aside the deed if you can prove that the same was executed under force or coercion. If the relinquishment deed was registered, the property when relinquished cannot be claimed back on any grounds, no personal or sympathetic grounds would find favour.
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Adv. Shipra Satija
Delhi | 25+ Answers
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