Validity of relinquishment deed
1 year ago
Dear Experts,
A father died intestate leaving a land property inherited from his father. There are five legal heirs. Wife, three daughters and a son. Wife and three daughters relinquished their share through a single deed of relinquishment to the son in 2013 and got the deed registered. One daughter was not informed about this relinquishment deed but signed it while signing on some other deed that was made on the same day together with the relinquishment deed. Recently when she claimed with other co-owners her share she was dined of her share saying that she had already signed on the relinquishment deed. After taking a copy of the relinquishment deed online, it is noticed that the beneficiary has not signed anywhere on the relinquishment deed and not given his thumb impression also. No photo copies issued to the executants.
1) In absence of the beneficiary's signature on the relinquishment deed is it valid or void from the eyes of law?
2) Is is mandatory both parties signatures and thumb impression on the relinquishment deed now a days? If so, from when?
3) The original relinquishment deed duly signed by the executants and handing over to the beneficiary after registration by the registering officer be considered as a mode of acceptance?
Kindly advise if this relinquishment deed can be challenged. Thanks for your valuable time.
The relinquishment of property can only be done in the name of a person who is a co-owner of the property. Through a gift deed, an owner can give up his right to anyone he chooses, irrespective of whether that person is a legal heir of that property or not. The revocation of the deed should be done within 3 years from the date when the deed came into the existence.