If 5 people signed in relinquished deed, and 4 people wants to cancel

560 votes

A registered relinquishment deed cannot be cancelled unilaterally simply because some heirs changed their mind. Once validly executed and registered, the transfer of right, title, and interest is complete and legally irrevocable. However, cancellation is legally possible under two specific circumstances: Mutual Consent: If the beneficiary (the person in whose favor the rights were relinquished) agrees, all parties can jointly execute and register a Cancellation Deed or a Deed of Reconveyance before the Sub-Registrar. Civil Court Challenge: If the beneficiary does not agree, the 4 heirs must file a civil suit for cancellation of the instrument under Section 31 of the Specific Relief Act, 1963. To succeed, you must establish strong legal grounds showing that consent was obtained through fraud, coercion, misrepresentation, or undue influence, within the statutory limitation period of 3 years. Because the validity of the challenge depends heavily on the specific recitals of the executed deed and the exact circumstances of its execution, you should share a copy of the registered deed and consult further to assess the merit and determine the correct litigation strategy.

Advocate Mrudhula Jahnavi LawRato

973 votes

Yes, it may be possible, but the answer depends on the nature and registration status of the Relinquishment Deed. If the deed was registered and all five legal heirs validly executed it, four heirs generally cannot simply “cancel” it unilaterally. If the beneficiaries/remaining parties consent, an appropriate registered cancellation/reconveyance or corrective deed may be considered, subject to the Sub-Registrar’s requirements. If there is no consent, the concerned parties may have to approach the competent civil court for appropriate relief, particularly if fraud, coercion, misrepresentation or lack of authority is alleged. The original deed and title documents should be examined before taking any step.

Advocate Pavani Kumari LawRato

509 votes

Hello, Yes, it can be challenged, but whether the relinquishment deed can actually be cancelled depends on the facts and the contents of the registered deed. If 5 legal heirs executed a registered relinquishment deed and 4 of them now want to revoke it, a simple unilateral cancellation deed may not be sufficient. If the deed was obtained by fraud, misrepresentation, coercion, undue influence, mistake, or without proper consent, the concerned heirs can approach the civil court seeking cancellation/declaration that the relinquishment deed is not binding on them, along with appropriate relief regarding their share in the property. If all concerned parties agree, a properly executed and registered subsequent instrument may also be considered, depending on the nature of the original transaction. I can examine the relinquishment deed and property documents and advise you on the proper legal remedy and, if required, handle the cancellation/declaration proceedings.

Advocate Raj Kumar LawRato