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Guitar Boy (Student)     09 September 2009

Relinquishment Deed

A Father died without a will leaving behind the legal heirs - WIFE / 3 SONS / 2 Daughters / 1 Grandson from one of the SONS. (all are above 18)

Now, The property was divided amicably. The Sons Signed a 'Relinquishment Deed' giving away their share to the Mother(WIFE of the DECEASED) to change the status of the Property from Leasehold to Freehold.

That relinquishment deed had only the WIFE / 3 Sons signatures in person at the registrar's office. Now the Daughters signatures were not there on the DEED rather A NOC for each Daughter was attached.

The relinquishment deed was registered.

My question here is that:

1. Does this relinquishment deed stand valid? As the Daughters were not present in person and they too are the legal heirs

2. How can the Daughters get this Relinquishment Deed Cancelled as they were not present in Person? Can they challenge the NOC? if yes, Then What procedure should be followed?



Learning

 12 Replies

aruntrivedi (lawyer)     09 September 2009

yes ... 1. Not valid. their present in person is required or they could have signed their NOC before any Notary Public or FCJM on oath. If they are abroad they could have put their signature in presence of Notary Public of respective country of before High Commission of India.

2. Simply they have to file civil suit for cancellation of entire process. Entiry process is null and void.

File Civil Suit before appropriate civil Court having jurisdiction and pray for relief for cancellation of entire process of Deed and Deed itself.

1 Like

Guitar Boy (Student)     09 September 2009

The Daughters had signed the NOC's but not in front of any notary or anything, they signed it at home.

I think the Sons after getting the NOC on paper have got it stamped by the Notary by Bribing them. But the daughters never signed it in front of any authority. So is there a way out of it?

is there a difference in Signing in front of Notary Public under oath and just a Notary Stamp?

aruntrivedi (lawyer)     09 September 2009

Dear Student : Guitar Boy - why do not you give your right name???

NOC must be bearing stamp of notary that BEFORE ME so no body can challenge it. Only for that we have to file complaint before Civil Court for declaration of NOC as null and void and Notary can be assked to identify them in Court Room - taking his deposition in witness box being recorded by FCJM  - it is lengthy procedure which may entail license of notary. Though they have been subsequently stamped and signed at home they are to be considered as valid. For solemn affirmation, powers of notary public are equal to FCJM hence they are all valid.

varun & co (law)     13 November 2009

some queries on this point.....

relinquishment deed procedure ???

how much stamp duty ??

how much cost for registration ??

do we need advocate or a person by self can go there n do it ??

what all doccuments required ??

is it chalangeable ???

 

aruntrivedi (lawyer)     13 November 2009

Prepare relinquish Deed on Rs. 100/- Stamp Paper and present it before Registrar of Assurances for Registration with Registration Fee which varies from state to state but it would nearly between Rs. 100/- to 250/-. Procedure is very simple or else you can go for notarized Deed. Pl do not forget to signatures of two witnesses on it. Paste your photograph on last of signature. Yes if you know drafting properly using all legal terminology you need go to advocate else ask advocate to prepare it - relinshiment is at his/her own will. They should be of irrevocable in nature mentioned in Deed. If challenged only its genuinenness would be required to check up

rajyalaxmi (retired)     20 April 2010

Sir,

My fayher dead in 1992.  leaving a house in 450 Sq.yards and 300 sq.yards site.. Its worth one crore and 50 lakhs.   We   are 3 sons, mother, 2 sisters.   In 2005 April. My 3rd  brother  has taken my and my sister . signatures at Registrar office, At that time , he ppromised to give my shares.   in future and 2 brothers share has given in 1995.  . After 5 years he did not give my share amount  and also expressed there is no right  to claim  to women in fathers property. I am physically handicapped and husband leaves me after marriage.  .I am having one son. (28 Years).  Pl. kindly advise me in the matter. If I will get  my share property from him.

Rajyalakshmi yadavalli

Saroornagar, Hyderabad, Andhra Pradesh

suparno bardhan (advocate)     28 October 2010

can reliquishment deed be included in the partition deed ????

jitendra (indiual)     31 May 2011

Dear sir,

I am Sundari Saini, have singed relinquishment deed with favour in my two brother, that time he promised to pay 

some amount and give to me a cheque for assurances , now he is refusing give promised my money.

i want to asked two things

1). Can i challenge relinquish deed.

2). go for cheque bounce case

Please help me

Sh S. Kumar (Other)     13 November 2014

It is very important to get the relinquishment deed registered. A Notarised relinquishment is not sufficient. For details on how to make a relinquishment deed, you may read https://www.onlinepropertyregistration.com/relinquishment-deed.html

suraj   12 July 2015

Sir My father died 16 years ago,after him there are three legal hiers of his property i.e me, my mother and my grandmother. Now i want that i get the whole

suraj   12 July 2015

Sir My father died 16 years ago,after him there are three legal hiers of his property i.e me, my mother and my grandmother. Now i want full possession of my father's property so that i can sale a part of the property .does relinquishment deed works here if so then whats the proper procedure..?

Ajay Kumar Gupta   01 January 2019

Sir ,I am an old man of 65 years. I have a property in joint name with my son. I want to relinquish my right in favour of my son. Kindly advise if it is permissible and what is the procedure. I have a wife and an unmarried daughter as legal heirs.

Regards

 


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