How to ask

Dear Vandana, 

If the property was ancestral in nature, in which you had a birth right - then only by way of a registered relinquishment deed - can you be deprived of your lawful share. If the document is a plain NOC or an affidavit (not registered without payment of necessary stamp duty etc) then you can still claim your share to be culled out by way of a partition in a civil suit.

The nature of property is also of profound importance. If the property was seperate property of father you have no subsisting interest during father's life hence there was nothing to give up, your right in his lifetime is only a spec successionis (a mere chance to succeed to his property). Hence after his demise the same won't be binding on you.

This opinion is at best provisisonal the terms of document executed by you are important to consider here.

Feel free to talk !

Please provide details whether the relinquishment signed by you was registered and you had gone for registration (yourself or through your Power of Attorney). If yes, then you may have given away your right.

Secondly, was the propert ancestral or was it purchased by your father with his own resources? If it was ancestral, then you had a right by birth which you could have given away by a registered document or it could still be yours if the document was not registered as stated above.

If the property was purchased by your father, then you have no right in the property until he is alive and he can gift or will the property to anyone he wishes when he is alive. Your right to the property is just a chance that you may succeed to his property and you cannot give up your "chance"

S Jadhav

u said ur father made a deed... deed for what?? he own any property? he convey that through that deed??

if the property is a self acquired property he can convey to any one even for ur brothers alone for which ur signature is not necessary. i want to know what deed it is and what he conveyed to give a clear opinion.. 

mere signing in a paper is not enough. unless and until u sign a release deed and register the same in register office u have all rights in the property

state me what deed it is ..

For more information and detailed discussion mail me to VIVEKINDIANLAW@YAHOO.COM because i am not a regular visitor of this website.