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Raj (Ejer)     13 November 2014

Relinquishment deed

Hi

I would like to know that can Relinquishment Deed be revoked??

Property is in my fathers name, He is no more.My mother &  2 sisters got  made  & registered Relinquishment Deed in my favour, in 1998. My mother also expired in 2013. How many shares will be there?? as we are 6 siblings.Prperty will be devided in 6 or 7 shares( including my moms too.)(Since she is no more) But according to RD its my share will I get 3 shares or four??Could someone help me by answering my queries & doubts???

Thanking you in anticipation.

Regards

RK



Learning

 6 Replies

Dalip Singh (Advocate)     14 November 2014

Dear Raj, you became the owner of the property by virtue of RD in your favour in 1998.  After 1998, (when your mother and sisters have already relinquished their share) you are the only owner of the said property.  After the death of your mother,  no question of her share can arise.   She had already relinquished her share along with your sisters.   You are the absolute owner of the said property by virtue of RD read with Sale deed/title deed in the name of your father.  Cheers.

1 Like

Raj (Ejer)     14 November 2014

Hello Dear Dalip Singh ji

Thank you so much for your quick reply.:) If I may ask for some details, so what you are saying, is that there will be six shares in all not seven? because my mother is no more, her share will not be part of it? Because according to the Relinquishment deed, my mothers share goes to me. So do you think that her share also goes to me, meaning my mother and two sisters share is mine? Or just my sisters share goes to me? 

One other question, property was still in fathers name. He had not transferred to mom before he died, so how does that work? 

We are 6 siblings, 2 brothers and 4 sisters. Out of them only 2 sisters and mothers share is in my name.according to RD  in my favour in 1998. 

What will be the procedure, and how much will it cost for me to proceed the case, and how long time, do you think?  

Hope you can help me a little more, by clarifying these details! 

Regards

Raj:)

 

 

Dalip Singh (Advocate)     15 November 2014

Sorry, I thought you, your mother and your two sisters are the only legal heirs after the death of your father.

Let me clarify:

Your father died leaving behind his wife, 2 sons and 4 daughters.

After the death of your father, the property devolve in 1/7th share each.   In 1998, your mother and 2 sisters relinquished their 1/7th share each i.e. 3/7 share in your favour by virtue of RD.   Since you were already having 1/7th share in the said property, you became owner of 4/7 share. Your brother and other 2 sisters are owner of 3/7 shares i.e. 1/7the share each.   Since your mother had already relinquished her share in your favour during her life time, she has no share in the said property at the time of her death and the question of inheritence of her share in favour of any legal heir does not arise.

You have not mentioned as to what do you want to do now.   I mean what is the dispute. However,  in case your brother and 2 sisters are ready do relinquish their share  i.e. 3/7th share in your favour, you would become the owner of entire property by virtue of another RD by your two sisters and brother of their 3/7th share in your favour.    

I am no clear what your brother and 2 sisters want at this stage and what do you want.  I can clarify if you let me know what exactly you want at this stage.

 

 

 

 

1 Like

Raj (Ejer)     15 November 2014

Hello

Once again thanks for quick reply :).

Now they want 1/6 share each ,1/ 6 for me as well. My brother & two sisters are not aware of this deed, I never wanted to use it, but now I think I may use.

These two sisters ,who have given there share in my favour( RD)  more than 20 years ago,can my sisters demand it back, can they say We repent, We cancel it??do not agree to it??

One of my sister who went to court & Made a case that we all other 5 persons  wanted to sell the property, whereas We never tried to sale it at any point. Can I Just give her ,hers 1/7 share of value she has written in the application to the court & make her out of Picture?? & keep the property for myself for live there or sell it lator?? Do I have to pay what she got written in court papers or Market value??

For to do all this, how long time & what will it cost for me??

Could you please help me out by answering .

Thanking you in anticipation.

Best Regards!

RK

Dalip Singh (Advocate)     15 November 2014

I don't know where do you live. However, when the case is pending in the court, take the help of local lawyer and proceed.

T. Kalaiselvan, Advocate (Advocate)     16 November 2014

It is very simple, that the property will be divided into seven shares, out of which you will be entitled to 4/7 shares by the virtue of registered relinquishment deed in your favor.


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