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Is it required to cancel release deed
07-Oct-2023 (In Property Law)
My grandfather had written a will in favour of grandchildren but we were not aware of it. On demise of my grandfather and my father I executed registered relinquishment deed in favour of my mother. After few months we came to know about that will. Now is it necessary to cancel relinquishment deed to probate the will and divide property as per grandfathers will.
As per your facts, we will have to first see whether the will is registered or not? Then whether you are willing to neglect the will or not. If the will is not regsitered and everyone is okay with the RD, then the will can be torn of and the RD will succeed. If the will is registered and everyone is okay with the RD, then an understanding will have to be written amongst all to okay this kind of transaction. RD cannot be canclelled it can be done only through court. Last is the option to keep silent aboout the RD, get the will probated and enjoy title according to it.
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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Was the will registered or unregistered?
It’s better to cancel the relinquishment deed if you haven’t relinquished as or the share u have got through will. Even grandfather’s will can b challenged !
In order to cancel r deed we need to file suit u/s 31 of SRA
You need to hire expert advocate in this regard.
Plz b in touch
It’s better to cancel the relinquishment deed if you haven’t relinquished as or the share u have got through will. Even grandfather’s will can b challenged !
In order to cancel r deed we need to file suit u/s 31 of SRA
You need to hire expert advocate in this regard.
Plz b in touch
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
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Yes absolutely, the will shall supersede the relinquishment deed. You can only relinquish what has devolved to you.
Secondly, in Delhi, probate is not mandatory. The Will is valid as it stands.
You may now choose to relinquish your share as per the Will.
Secondly, in Delhi, probate is not mandatory. The Will is valid as it stands.
You may now choose to relinquish your share as per the Will.
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Adv. Kunal Sinha
Delhi | 200+ Answers
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