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Amit Kumar (individual)     22 December 2021

Release of right

can a release of right be cancelled made for immovable property?


 6 Replies

Shashi Dhara   22 December 2021

No once released you cannot but if any fraud has committed or senior citizen given to children and if they neglect then they can cancel advocate.

P. Venu (Advocate)     22 December 2021

You have not posted the facts.

G.L.N. Prasad (Retired employee.)     22 December 2021

The law requires that such relinquishment is only through registered deeds for immovable property.

Kawmini Liyanage   22 December 2021


Co-owners of a joint Hindu property can give up their right in the said immovable asset, by way of relinquishing their ownership. A Relinquishment Deed is then created and registered, to enable the co-owners to legally transfer their share in the property to another co-owner. 

The Gujarat High Court, on July 7, 2021, said that a document, under which the right on a property is to be relinquished, requires to be registered under the Registration Act. Unless the document is registered, the document cannot be treated as a relinquishment deed. 

If the Relinquishment deed is registered, it is irrevocable. The parties involved in this transaction cannot retract it, because of a change of heart or opinion at any later time. but under the following reasons by way of applying to Civil court can plead to revoke the relinquishment.

  1. If a fraud has been committed to dupe him.
  2. If he has been forced to or has been influenced to enter into the agreement.
  3. If his intention has been misinterpreted in the final document.


Kawmini Liyanage

Dr J C Vashista (Advocate)     23 December 2021

Release deed is irrevocable and cannot be cancelled.

Aryan Raj   23 December 2021

In response to your query,

A deed of relinquishment can be set aside for the same reasons as a contract can. Because a deed of relinquishment contains no compensation or price, it can be challenged and set aside on the basis of fraud, undue advantage, misrepresentation, or other similar grounds. If the person in whose favour the shares are abandoned refuses to invalidate the deed, you must file a civil court petition to have the deed cancelled. The time restriction for filing a lawsuit begins on the day you learn that any such deed has been executed against your property interests. The restriction period in India is three years, according to the limitation statute. Keep in mind that the legal definition of notice is the registration of a document. As a result, if a document is registered with appropriate authorities, your claim of ignorance becomes weaker. A relinquishment deed cannot be set aside just because we were willing at the time of execution but are no longer.


Aryan Raj 

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