Relinquishment of rights withouth any considration/money


Hi, My Grand mother died in 2000. She has share in maternal property, my father and my uncle are the two leagal heirs. My father had submitted affedevit for registration of leagal heirs after their mother's name in specific KHATA number i.e. 284 of property(land) on 17/4/2004 (for Hakka sod patra purpose). on the same day my father had sign HAKKA SOD PATRA(Relinquishment of rights) withouth any considration/money/mobadala. later on we came to know that the affedevit which he had signed had wrong KHATA number the correct number was 284 in affedevit 184 was mention. now the question is - is Relinquishment of rights is valid or not because the name of leagal heir was not registerd because of wrong khata number/gat number in affedevit. can we challage the Relinquishment of righs which was signed on same day, as there are no names included in proprty because of wrong Khata number and we did not receive any money against that.

 
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+ 91 9225510883

Hi,

After the death of your gm.. you might have applied to mention the names of the successors on the property records. It doesn't make any difference whether the Hakka Sod Patra is given on the same day or a month later. As your father had signed the document and the number of Khata was mentioned wrongly as 184 rather than 284... See.. here you can challage the document but that shall be treated just as typographical mistake in the document while mentioning the Khata number. 

Adv. Yogen P. Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

 
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FIN

Try under expert advise of an able lawyer specializing in family/property/revenue/civil matters.

Let the authority declare the relinquishment as void and ineffected.

 

Otherwise also as per your post the authority has not effected the relinquishment.

 

 
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Thank you sir,

We have submitted the corrected affedevit on 25/04/2008, as our first affedevit was incorrect. becasue of this we face a court case under sec 199,200 of the act, now its close. we know that the mistake is deliberately done by the advocate in affedevit with other party i.e maternal relative of G.M to get us into trouble. Question - my father had signed the Hakka sod Patra on 21/09/2007 and it submitted on 26/09/2007 if the names are not registerd as successor of property then how any one can give up their rights, or sign Hakka sod Patra.  

 

 

 
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FIN

To sell/gift/relinquish one should have attained rights equal to that of an owner or should have become owner.

You are gaining understanding of the matter as it is evident from your last post.

You may go for second opinion from a senior and genuine and reputed lawyer.

YOu may obtain the chain of documents/mutation record from revenue office, as per advise of your able counsel, and show all docs on record to your able counsel .

 
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