dEED OF SURRENDER
R.K.MURARKA
(Querist) 14 August 2009
This query is : Resolved
I wanted to have an exper opinon for the following querries. In deed of surrender signed by my father for self and on behalf of his brothers reliquishing the right of ancestral property without any consideratin. He had not reliquinshed the right as karata of his family i.e. myself,my wife and two daughters. In the deed of relinquishment I have signed as a witness in the deed. Some of the lawyers state that by signing the witness you have nt given up your rights in the ancestral property and more than 50% states that by signing as a witness you have only witnesseth the signature of your father who had signed before you and dinot give the right of your ancestral properties. I wanted to have an expert opinion with latest supreme court judgement that by signing as witness does not mean that I have given up my right in the property. Can you suggest whether I have given right,title,interest in the property or I have signed as a witness to my gfathers signature.I want your expert opinion.If there is any charge I will pay for the supreme Court rulings. Await your reply
sanjeev murthy desai
(Expert) 14 August 2009
Dear Mr. Murarka.
Dear R. K. Murarka
As a Signing as witness of the document does not invalidated your claiming rights in the ancestral property and as a signing as consenting witness of that document should be invalidated your claiming rights. I need to check some more points in this regard. Please give some more time for me to give correct answer of for your querry. Thank you
sanjeev desai
Y V Vishweshwar Rao
(Expert) 14 August 2009
A Relinquishment Deed with out any Consideration ( cahs or Kind ) is invalid , in exchange the releasor must get some thing , or he might have recieved soem thing from the Releasee- it may be in cash or kind - a document with out material cosnideration can be challenged by you!
Shyam Ji Srivastava
(Expert) 14 August 2009
Dear Murarka,
Signing of document as witness in family matters means you have also surrendered. This is my personal views. However I will send you citation very shortly.
BHANU RASPUTRA
(Expert) 15 August 2009
i am not agree with RAO AND SRIVASATAVA opinion.
In the ancestaral property for surrender you have to deaclare and signed surrendering right on ancestaral property in respect of yuor share. that u hav enot done. so u have yuor share ont he property.
