r deed

Querist : Anonymous (Querist) 16 February 2011 This query is : Resolved
my brother n sister signed a relinquishment deed in my fathers favour(REGISTERED R -DEED) and he gifted the property to me (not ancestral)

can my brother or sister challenge or deny signing the r-deed in future can it be cancelled on any grounds

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Kirti Kar Tripathi (Expert) 16 February 2011
Once relinquishment deed is signed, the person relinquishing his rights in the property have lost all his authority/rights over the property and those right are vested in the person in favour of whom the replenishment is made and he became absolute owner of said property. Thus in the present case, your father after obtaining replenishment in his favour became absolute owner and the property became his self acquired property and as such the gift made my him is perfectly legal and can not be questioned by any one even by your brother and/or sister.

Devajyoti Barman (Expert) 16 February 2011
It is always left to the parties to file any suit for declaration that the r-deed was void not enforceable as having executed under coercion, fraud or force. But do not worry the presumption is that the r-deed is valid and the onus lies heavily on them to prove that the document is void or not enforceable.

Ramakrishna Ponnekanti (Expert) 17 February 2011
unless extra ordinary circumstances of fraud or influence are proved relinquishmant registered deeds will no t be cancelled.however any party can file any suit and drag it for years.

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