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

786 votes

If 5 legal heirs executed a registered Relinquishment Deed and 4 of them now want to cancel it, a legal notice can first be issued demanding mutual cancellation/revocation through a registered instrument. If the beneficiary does not agree, the notice can reserve the right to file a civil suit for cancellation/declaration, depending on the grounds available.

Advocate Ravindra Anjaneyulu LawRato

615 votes

Once a relinquishment deed is validly executed and registered, it cannot be unilaterally cancelled by four out of the five legal heirs. Under Indian law, a registered deed can only be cancelled through one of the following methods: Mutual Consent: All parties involved—the 4 legal heirs who wish to revoke it, the 5th heir, and the beneficiary/person in whose favour the share was released—must mutually agree to execute and register a Cancellation Deed or a Deed of Reconveyance. Civil Suit for Cancellation: If the beneficiary refuses to cancel the deed, the 4 legal heirs must file a civil suit under Section 31 of the Specific Relief Act, 1963. To succeed, they must prove substantial legal grounds before the civil court, such as fraud, misrepresentation, coercion, undue influence, or lack of free consent at the time of execution. Limitation Period: A suit for cancellation of a registered document must generally be filed within 3 years from the date of execution or from the date the alleged fraud/misrepresentation came to light (under the Limitation Act, 1963). Without proving vitiating elements like fraud or obtaining mutual consent from all stakeholders, the 4 heirs cannot revoke the registered deed on their own.

Advocate Mrudhula Jahnavi LawRato

513 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