Deed of relinquishment - cancellation procedure
kRISHAN LAL
(Querist) 18 August 2011
This query is : Resolved
Sir,
Can the Deedof Relinquishment executed 10 years back be cancelled and if so what is the procedure.
One can relinquish property which he owns. In this particular case, my mother died in 1991 without leaving any will (deed of relinquishnment was executed in 2000). As per the procedure we should have obtained the succession certificate to decide about the ownership/extent of share of ownership, but we directly executed the deed of relinquishment for a property which was not mutated/transferred/or rights were conferred on the legal heirs.
Shall be obliged if you kindly guide me as at the time of execution of deed of relinquishment, it was mutually verbally agreed to dispose of the property and distribute the share amongst the legal heirs. There was no written agreementg.
Thanking you,
K.L. Bhalla
Raj Kumar Makkad
(Expert) 18 August 2011
There is no value of oral understanding simultaneously and opposite to written relinquishment deed. After mutually with sound mind making/executing relinquishment deed in favour of untold person, you have no right in that property and there is no scope of reversal of time as per your whims and wishes at this belated stage. Moreover, there is no allegation of fraud or misrepresentation in your query. merely procedural lapse is no ground to revoke the settled things.
Devajyoti Barman
(Expert) 18 August 2011
I think you should go for partition of the sale proceeds on the basis of oral agreement.
The oral agreement is as good as the written agreement but the problem is with the means of proof.
If you could effectively prove the agreement then you need not challenge the deed of relinquishment.
n.k.sarin
(Expert) 18 August 2011
I absolutely agree with the view of Mr.Makkad.As Mr. Makkad said,fraud or misrepresentation I want to aid one more world which is 'undue influence'
Raj Kumar Makkad
(Expert) 18 August 2011
How an oral agreement for sale and distribution of share can sustain when on the same day relinquishment deed is being executed giving unconditional share in favour of a single share holder? Barman is review your advice.
prabhakar singh
(Expert) 19 August 2011
I am in agreement with the view expressed by Mr.Makkad.
Sri Vijayan.A
(Expert) 19 August 2011
Title deeds particularly release deed can not be cancelled.
Shashikant V. Patil
(Expert) 19 August 2011
Despite of your relinquishment deed and no mutation to this effect, and if your name is not in the record and due to relinquishment deed you are no more remain co-owner in the said property. If you alongwith other legal heir mutually agreed to offer your entitle share , then execute a sale deed without consideration and in which others(legal heirs) will be sellers and you will be a purchaser. This may solve your problem.
