Dinesh Gulati 24 April 2018

Revocation of relinquishment deed

My mother relinquished her share in my Nanaji's property on being emotionally blackmailed by my mamaji that he has just undergone a heart surgery and doesn't know how long will he live and wants to get the the title of the property transferred in his name so that he can execute a will to distribute the rights among his daughters later. The relinquishment deed was registered in front of a Delhi SDM in 2008 and my Nanji and Naniji and Massi were not alive at that time. I was in England on a office project and my father was bed-ridden due to a brain stroke so my mother had no -one to consult. She regrets that decision now as my mamaji has cut-off all cordial relationships with my mother since then and she feels cheated. Can this deed be revoked by any means as per law?

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Siddharth Jain 24 April 2018

Yes, a deed of relinquishment can be set aside on the same grounds a contract can be set aside. Since there is no consideration or price in a deed for relinquishment, the way to challenge and set aside the deed of relinquishment is on the grounds of fraud, undue advantage, misrepresentation or similar grounds. If the person in whose favour the shares are relinquished is unwilling to cancel the deed, you must approach the civil court for cancellation of the deed. The limitation to approach the court starts from the date when you come to know any such deed has been executed against your intersts in the property. In India, that period of limitation is three years as per limitation act. For any other queries feel free to contact me at isidjain1@gmail.com.

Regards,
Siddharth Jain,
Advocate

Kumar Doab (FIN) 24 April 2018

At such bleated stage you are looking for merits..!

The Lady signed while in condition of sound mind and by her free will, unconditionally.

Usually fraud, undue influence/advantage, misrepresentation, coercion etc are the grounds…

Do you have the copy of the deed?

If you wish you may attach..

Erase all names, logo etc to maintain confidentiality..

Kumar Doab (FIN) 24 April 2018

You may get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt in person.

Ask at that time Lady was willing but now she is not, after 10Years.

Cutting off cordial relations seems to be NO ground and that too after 10Y.

Courts cannot be expected to be moved on sympathatic grounds to revoke duly executed deed after 10Y.

However let your own counsel as suggested above opine in person to you and give legal opinion in writing.