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?

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Devajyoti Barman (Expert) 27 January 2013
1. No
2.Yes
3. Yes
4. Not seriously.

Raj Kumar Makkad (Expert) 27 January 2013
1. Affidavit is not sufficient to relinquish the rights in the immovable property rather a registered deed is required for this purpose.

2. Yes

3. If there is only affidavit then it can be got revocated even after 100 years.

4. No.

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