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Relinquishment deed - is it revokeable?
2 months ago
Sisters surrendered their share in property by signing relinquishment deed 10-15 years back. But now relation between sister and brother have turned ugly and sisters now want to claim their share in property.
Has there been any landmark judgement that relinquishment deed was revoked?
Any other tool that can be used to claim share?
Local lawyer have suggested that they can claim tiny share through mother's share.
A.Dear Client,
Once a Relinquishment deed is registered, it typically cannot be revoked by the person who initially relinquished their claim unless certain circumstances arise. However, a co-owner who transferred the property can revoke the deed if they were coerced, influenced, or if fraud was involved. The cancellation of a Relinquishment deed requires the consent of all parties involved, and if there is disagreement, legal action in civil court may be necessary. It's important to note that such cancellation must occur within three years from the date the right was conferred. In the present case, since the sister's claim is time-barred, she cannot assert a share in the property, assuming the relinquishment deed was legally executed. Legal challenges, such as fraud, can be raised within three years of the document's execution.
Once a Relinquishment deed is registered, it typically cannot be revoked by the person who initially relinquished their claim unless certain circumstances arise. However, a co-owner who transferred the property can revoke the deed if they were coerced, influenced, or if fraud was involved. The cancellation of a Relinquishment deed requires the consent of all parties involved, and if there is disagreement, legal action in civil court may be necessary. It's important to note that such cancellation must occur within three years from the date the right was conferred. In the present case, since the sister's claim is time-barred, she cannot assert a share in the property, assuming the relinquishment deed was legally executed. Legal challenges, such as fraud, can be raised within three years of the document's execution.
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A.Dear Client,
A registered Relinquishment deed cannot be revoked if the person who has given up the claim has changed his mind. however, it can be revoked by the co-owner, who has transferred the property under the following circumstances: If the co-owner was forced or influenced to create the deed, if the deed was created fraudulently and if the co-owner intentions were misconstrued in the document. A Relinquishment deed can be cancelled if all the parties involved in the deed signing must consent to the cancellation. If the beneficiary refuses to agree, the aggrieved party will have to seek legal recourse in the civil court. A Relinquishment deed can be revoked or canceled within three years from the date of the right being conferred. So, the claim of your sister is now barred by limitation.
A registered Relinquishment deed cannot be revoked if the person who has given up the claim has changed his mind. however, it can be revoked by the co-owner, who has transferred the property under the following circumstances: If the co-owner was forced or influenced to create the deed, if the deed was created fraudulently and if the co-owner intentions were misconstrued in the document. A Relinquishment deed can be cancelled if all the parties involved in the deed signing must consent to the cancellation. If the beneficiary refuses to agree, the aggrieved party will have to seek legal recourse in the civil court. A Relinquishment deed can be revoked or canceled within three years from the date of the right being conferred. So, the claim of your sister is now barred by limitation.
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A.Dear sir
If relinquishment deed was legally done then it cannot be revoked. Any registered document can be challenged on ground of fraud etc. within 3 years of execution. Thus the sister cannot claim a share at this distant time.
If relinquishment deed was legally done then it cannot be revoked. Any registered document can be challenged on ground of fraud etc. within 3 years of execution. Thus the sister cannot claim a share at this distant time.
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