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Asmat   26 July 2016

Relinquishment deed

Hello experts 

My father left 5 acre of land in Gujarat before he passed away in 1973 and my mother passed away in 2000.

I have one brother and five sisters so total seven heirs , my all five sisters made a relinquishment deed in September 1977, Know they have send me a notice statin.g that they were not aware of the laws and they want there share from that land. Most important me .and my brother distributed equal piece of land in 2004 even at that time those all five sisters never took any objections and my brother but house on his piece of land even at that time all five sisters never took any objections all of a sudden they want to claim their shares from land.

When relinquishment deed was made a notice was sent to them by circle officer/ manager by recorded delivery and still they want their shares. 

What's your expert advice can they reclaim in such situation, whats my position 

in such situation can they really reclaim one they have waive off their rights.

Can you give ur expert advice on this matter.

Regards 

 

 

 

 

 

 

 

 

 

S

I



Learning

 5 Replies

Kumar Doab (FIN)     26 July 2016

You have posted that:

"When relinquishment deed was made a notice was sent to them by circle officer/ manager by recorded delivery and still they want their shares...........................................Know they have send me a notice statin.g that they were not aware of the laws and they want there share from that land.".

 

 Other parts in your post are not properly drafted and understood.

Apparently you have posted some merits.

 

 

If a legal notice has been deliverd to you, then you may ASAP, approach a very able counsel specializing in revenue/property/family/civil matters with copies of all dcos on record and share your inputs, for considered opinion.

 

Your counsel can submit fitting reply and defend your interest.

 

 

JustAdvisor (IT)     27 July 2016

ignorance of law is no excuse. they will have to fight case on merits. your able counsel may best defend your interests.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 July 2016

Was the relinquishment deed registered with stamp duty paid? According to a Bombay High Court decision there will be only nominal stamp duty when relinquishment is made without compensation. But a deed as in the case of conveyance of property is essential.

huzefa   20 August 2016

My father expired without making any will . a week before my marriage which was an intercaste marriage my mother and elder sister forced me to execute a gift deed in thier favour releasing my 1/3rd share in my late fathers flat . i excuted the said deed and also went for registration as they threatened mt that if i would not excetue the same they would not attend my marriage and would make sure that other family members also would not attend . hence i ahd to excute this deed just a week before my marriage reception . two years after my marriage i learnt that my mother and sister are trying to get the flat transferred in thier name with the help of a copy of the gift deed , the original gift deed is in my possession , they also cheated me by stataing that they would mention in the deed that i would be compensated for my 1/3rd share which im releasing in my father flat through other means but after signing the document i was surprised to see they have mentioned that i have released my share to them out of love and affection . i have filed apolice compliant against them for cheating and coercion and also filed a case for cancelation of the deed in the high court. i have also written to the society asking them not to transfer the flat as its in dispute. can any one advice on this matter to me . all your suggestions shall be highly help ful

Kumar Doab (FIN)     20 August 2016

@ Huzefa,

Always initiate a new thread.

 


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