Rajat Trehan (Manager) 06 October 2013
Due to differences with my wife, I relinquished my share of property to my brother (50% which was mutated to me and 50% mutated to my brother) through Relinquishment deed with an understanding that he will return the said share of property back to me after divorce. Now neither the divorce has been initiated nor my brother is returning the my share of property back to me. He has even refused to do that. What action can I take to reclaim my portion of property.
Rajat Trehan
T. Kalaiselvan, Advocate (Advocate) 07 October 2013
A property once transferred with a deed of unconditional relinquishment, it cannot be retrieved. There is no such thing called an oral understanding between you and your brother before the eyes of law. Arrange for a family meeting and look for getting some compensation.
Shashikant V. Patil (Lawyer) 07 October 2013
Yes , the whole family should take decision and your brother has to transfer your 50% share by way of sale deed in favour of you.
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