Affidavit purporting to gift
saswata
(Querist) 27 January 2013
This query is : Resolved
Premise: W dies intestate leaving behind three legal heirs, X, Y and Z who may inherit a real property owned under perpetual lease. The contention arises in respect of the mutation. While affirming to the Lessor that these three are the bonafide only legal heirs, Y affirms under oath that s/he indeed is one of the heirs but s/he relinquishes her right, title and interest exclusively in favor of Z.
Questions: 1. Has the affidavit of Y any force to be binding in law for the world-at-large?
2. Can Y revoke it if s/he wishes?
3. Is the act of revocation, if and ever, anyway, prejudiced by a lapse of time, say, 20 years?
4. Does the above circumstances put the Lessor under any kind of obligations, whatsoever?
Premise: W dies intestate leaving behind three legal heirs, X, Y and Z who may inherit a real property owned under perpetual lease. The contention arises in respect of the mutation. While affirming to the Lessor that these three are the bonafide only legal heirs, Y affirms under oath that s/he indeed is one of the heirs but s/he relinquishes her right, title and interest exclusively in favor of Z.
Questions: 1. Has the affidavit of Y any force to be binding in law for the world-at-large?
2. Can Y revoke it if s/he wishes?
3. Is the act of revocation, if and ever, anyway, prejudiced by a lapse of time, say, 20 years?
4. Does the above circumstances put the Lessor under any kind of obligations, whatsoever?
ajay sethi
(Expert) 27 January 2013
Y has not executed any Deed of Relinquishment duly stamped and regd . she has merely stated on affidavit that she has relinquished her right , title interest in property .
on basis of said affidavit mutation has been done in favour of other legal heirs .
after 20 years Y cannot now seek to wriggle out of her staement made on oath that she does not want any share in the property .
ajay sethi
(Expert) 27 January 2013
the stand Y should take is her signature on affidavit was forged . she has not signed any such document .
in the alternative Y can take the plea
at the most affidavit merely indicates her intention to relinquish property but no formal deed of relinquishment has been executed by Y
R.K Nanda
(Expert) 27 January 2013
state real facts and not in xyz.
