Query regarding challenging a Relinquishment Deed & Gift/Sale Deed


There is a property in New Delhi, the GPA holder is Mr. A (Died in 2004), there is another paper which says "Agreement", now in this agreement it says that the owner is Mrs B W/o Late Mr. A. They both have three children, say Mr. C (Son) , Mrs. D (Daughter) & Mr. E (Son). Mr. E created some malicious circumstances and got a Relinquishment deed in his favor signed by all the legal heirs of Late Mr. A (His Mother, Brother & Sister). Furthermore, using that relinquishment deed he plans to execute a gift or sale deed in favour of his wife or probably has already executed it. Now my question is can this relinquishment deed or the Gift/Sale Deed be challenged in court on the basis of this Agreement, because the agent who got this relinquishment deed done had told to conceal this agreement from the Registrar. What is the legal position in this?


Answers (3)

Yes, both the relinquishment deed and the sale/gift deed can be challenged in the courts.
You would however, need to show some evidence of coercion, undue influence exerted by Mr E to force/ induce the other legal heirs to sign off their interest in the property first place. You would then have to institute a suit for partition and challenge the validity of the instrument leading to a transfer of property. You can contact me for any further discussion regarding this matter.


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Yes the Relinquishment Deed/ Gift/ Sale Deed can be challenged.
It can be challenged not only on the ground that there is an AGREEMENT in the name of Mrs. B, but on various other grounds viz, signatures of other legal heirs being forged etc.
You can approach the court and seek cancellation of the document as well as declaration that Mrs. B is the owner of the property and also seek injunction against Mr. E

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Who has the possession of the suot property in this case?
Is the agreement registered or not?
I have to see the papers for full details.
you need to file appropriate civil suit in this regard.
For more information feel free to have a word with me

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