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rajib (area sales manager)     18 July 2016

Revoking of right over paternal property

respected lawyers

                                   My wife had legally in written declared through irrevocable power of attorney that she has no claim over her father's property post marriage & that her mother & brother are the absolute owners .Now we want it to be revoked back & claim right over that property .can it be possible legally.pls suggest



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 5 Replies

P. Venu (Advocate)     19 July 2016

The declaration is of no legal effect. She has a right to inherit their properties, of course, after their lifetime. And that right subsits till she relinquishes the same through a registered deed.

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 July 2016

There is a difference between Power of Attorney and relinquishment of the rights in property.

Where the Power of Attorney authorizes a person to do a thing on behalf of a person where as by relinquishment a person relinquishes his all rights attached to the property in favour of some one. The right of your wife exists. She can claim it and should publish a declaration in the newspaper that the power of Attorney which she has given to somebody, she has withdrawn and cancels her ‘Will’ attached to it, if any. 

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; HiGrit.com,  Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India

rajib (area sales manager)     22 July 2016

Dear Mr Anand

                                      Since it is around 7-8 years back & do not have a copy of the same,I exactly do not remeber whether it was an irevocable power of attorney of type of relinquishment .In event of an relinquishment is it possible to claim back the property or part of monetory share incase they have sold it out. how should we approach without any papers in our hand.pls advice

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 July 2016

Dear Rajib,

After relinquishment deed executed, there nothing remain to recall. All rights are given with so you can not claim any thing.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; HiGrit.com,  Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India

P. Venu (Advocate)     23 July 2016

From the facts stated, there appears to no relinquishment as no deed has been effected to this effect. However, please note that childrn have no rights over the self-earned properties of their parents.


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