Rectification of Relinquishment Deed/Release deed

Querist : Anonymous (Querist) 26 May 2011 This query is : Resolved
SIR, My grandfather purchased Agriculture land and the same was inherited by my father (his only son) after his death. We are two brothers and two sisters from Haryana and are Hindu. My father get Relinquishment Deed/ Release Deed of the land in July 2005 in favour of both the son.

Sir,If the property in question is exclusive property of father and it is not ancestral property as learnt from this site(LAWYERSCLUBINDIA) as stated by R.Ramachandaran Sir, and it cannot given to us by Relinquishment Deed and it can given only through GIFT DEED.
But my father has done Relinquishment Deed/Release deed in favour of both the son and the mutation has also recorded in our name in Patwari’s record. But I am afraid that it can be declared Null & VOID in future by administration with the logic that it is not as per rule.
Then please suggest me that what is the procedure to get it rectified by my father so that the same can be given to us by legal way through GIFT DEED.

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adv. rajeev ( rajoo ) (Expert) 26 May 2011
Adminstration cannot reject and cannot declare it as null and void. They are not the competent authority to reject it on the ground that it is not as per rule. Their duty is to enter the names of the persons in whose favour property given. You need not to worry. Even if it is your father's self acquired property he has given up his rights over the property in favour of you and your brother.

R.R. KRISHNAA (Expert) 26 May 2011
Dear anonymous

Being an ancestral property your father can only relinquish his portion of share and not the entire property by way of relinquishment deed. Though your father might have relinquished the entire property by way of relinquishment deed in you and your brother’s favour, the court will deem the deed to be validly executed in respect of your father’s share and at the same time confirming that your sisters have also has got share in the ancestral property.

Best regards,

Querist : Anonymous (Querist) 28 May 2011
Thanks to RAJIV & KRISHNA SIR, MY LAST QUESTION is:-
MY father and we wants to cancel this Relinquishment Deed so that he same can be divided into equal share between all his four son/daughter and himself by giving 1/5 th share to each. How can he do so?