Revocation of relinquishment deed
Ranjan jain
(Querist) 21 August 2012
This query is : Resolved
i m four brothers and had TWO property in the name of my father/Mother each.Father died in 1992 and mother in 2008. One house property relinquished in the name of THIRD brother through a deed not registered.One house was to be relinquished in the name of two brothers , but the first one after getting his name Mutated made a objection for the other house.Now can the first house mutated be cancelled or not.As this is without a registered deed simply signed on documents duly notarised.The brother who got a house duly mutated in his name without the NOC of one of the other brother by managing the department.This happened One year back(2011).Now can this be revoked or if to be challenged were to contest and whom to contest or object.Please opine.
ajay sethi
(Expert) 21 August 2012
deed of relinquishment needs to be stamped and regd to be admissble in evidence .
contact a local lawyer . property cnanot be mutated in name of one of legal heirs without consent of other legal heirs .
Adv.R.P.Chugh
(Expert) 21 August 2012
Anything less than a registered relinquishment deed won't do. Mutation on the basis of notarized declaration won't stand and can be challenged.
Ranjan jain
(Querist) 21 August 2012
@Mr.Ajay Sethi and Mr.Bharat Thanks for your prompt reply.Taking the discussion further i want to know weather the municipality has to be challenged or brother who has got it mutated has to be challenged or both of them . Is getting the relinquishment deed registered mandatory in all over India or it varies State to state.Since i had also given the NOC called by the municipality since it was verbally agreed by all of us , do i stand a chance of challenging the mutation.
Ranjan jain
(Querist) 21 August 2012
@Mr.Devajyoti Barman -Thanks for your expert reply please join the further discussion .
ajay sethi
(Expert) 21 August 2012
registration is mandatory . consult a local lawyer . you have to make your brother and registrar office party to proceedings
