Property sale issue between brothers on mother's property.
2 months ago
We have a 100sq yard land located at Secunderabad, on my grandmother's name and my grandmother expired in 2009, now my grandmother has two sons and three daughters, recently my my dad and his brother had a discussion regrading that land and as my dad is not having interest on that property as it is south faced so my dad said my brother to take the property after paying certain amount and we made an Mou and my father signed that MoU. Now my father has changed his mind and now is it possible to cancel that MoU, we didn't took any amount till date, my dad's brother gave token amount of 1 lakh in cheque way but we didn't deposit that cheque into our account. Can that MoU be challenged in court by my dad's brother.
A MOU or family settlement deed cannot relinquish the right of an owner jointly own with others, until and unless, a deed of relinquishment is executed between the parties and registered under the Registration Act. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. The act of giving up one’s rights and claims in a part of a property in favour of another is referred to as relinquishing rights. A right cannot be given up without compensation; this compensation may take the shape of cash, a trade in goods, or a family arrangement. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. An unregistered MOU having no legal sanctity or enforceability under the law neither requires cancellation nor be challenged before the Court for specific performance. Reach out to an Advocate for guidance and steps.
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