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Sachidananda Rath   26 August 2020

Can Registered Relinquishment Deed be cancelled by executors.

My father died at 82 on 28.03.2002 leaving behind me (one son), my widow mother, 3 married daughters living in their own residents with affluence.

In March 2011 my widow mother along with 3 married daughters executed Registered Relinquishment Deed in favour
of me for the land purchased as lease in 1966 by my father from Govt of Odisha by paying Rs 1250/_.

Accordingly, ROR had been issued in my name as new lesse and rent paid in my name. In 2019 I paid Rs15,00,000/_ to Govt as extant Govt Premium Value for conversion the lease land to Sthitiban status with all reversionary rights from Govt and Stithiban ROR had been issued in my name as sole owner.

However, now my above 3 married sisters are demanding exorbitant money over telephone lest they would go to court to cancell the Relinquishment Deed of 2011.

Please comment on the above litigation threatened by them after so many years and in spite of all bonafides by the Government.


Yours faithfully,
Rath

















Govt of Odisha in 1966. Accordingly


Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 August 2020

Hello,

Cancellation of relinquishment deed executed in 2011 after 9 years is difficult. However try to amicably settle the disputes by offering them reasonable amount if you have not paid anything earlier.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 August 2020

The grounds for cancellation of relinquishment deed are similar as that of revoking a contract (of course, there is no consideration and price involved in the deed), these are as follows:

  • Fraud,
  • Misrepresentation,
  • Undue influence,
  • Coercion,

Any other similar grounds

So, the deed can only be revoked when there is a lack of free consent and cannot be simply set aside on any other grounds as per your whims and wishes.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     26 August 2020

There is no provision to cancel the Relinquishment deed at the Sub Registrar office.

If once the relinquish deed is executed they cannot unilaterally cancel it and one has to approach the  civil court for cancellation and it is not an easy task form the court.

Also the three year Limitation is crossed so they cannot approach the court for the cancellation.

Amjad Maqsood   01 September 2020

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