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matter relating to relinquishment of deed


29-Jul-2023 (In Property Law)
We are 5 children's for our parents. First is my elder brother, next is me, third and fourth are my sisters and fifth is my younger brother. I'm the first daughter. Both of my parents is no more. And The property was not distributed to anyone. So my father has died intestate. Now there is a land of 2 acres which is of 80 Guntas, which is undistributed. Coming to the core part our elder and younger brother made us to sign for relinquishment deed without consideration and promised to give only 8 guntas to each sister. So once the agricultural land is converted into sites, they would give us 8 guntas. Now the problem is we sisters want equal share in the property which is 16 guntas each. Can we revoke the relinquishment deed? If yes, on what basis? And if no what further steps to be taken for filing a suit on my elder brother? And most importantly younger brother is in favor of we sisters. The problem is from the elder brother. Kindly suggest . Thanking you in advance.
Answers (2)

Answer #1
645 votes
Hi,
I have perused the details you have submitted, yes we can go for equal partition and we need to challenge the relinquishment deed and we need the court to interfere with the issue for proper participation of the properties
Kindly call us for further discussion
Thanking you
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Answer #2
812 votes
Generally, a registered relinquishment deed is irrevocable because the person transferring his/her claims over property has changed their mind. In case of relinquishment deed, it can be challenged based on the same grounds used for revoking a general contract. It can be fraud, undue influence, coercion and misrepresentation. It is also important both the parties give the consent.
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