Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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shiv gupta (proprietor)     09 February 2022


We are two son of my father.mera bada bhai mere papa se 1987 me alag ho gaya tha .jiska rajinama mere papa or Bhai ke bich ka 5 gavaho sahit hai.notarized nahi hai . ₹ 5 ke stamp par hai.
mere papa ka death 2014 February me hua tha.usase pahile January me unhone mere naam will Puri property ki kar di thi.papa December or February me jyada bimaar the or January me thik or Ghar par the. will January ki hai.bhai ne doctor se ek cirtificate December ka unki bimaari ka banva rakha hai.or usse ke adhar par case kar diya hai.kaise bacha Jaye .us will ki validity kya rahegi.
younger son


 2 Replies

Kay Bee   10 February 2022

once your brother has signed waiver/settlement deed relinquishing his rights over the property in front of 5 witnesses, he cannot challenge it later. the will is valid if you can prove that in January your papa was sane & not pressurised (for this, you need the two witnesses who attested the will)

Anaita Vas   10 February 2022

Respected Shiv Gupta,

By renouncing their ownership, co-owners of a shared Hindu asset might give up their claim to the aforementioned immovable property. The co-owners next write and record a relinquishment deed, which allows them to lawfully surrender their share of the property to another co-owner.

An landowner can surrender his interest in a property by a variety of legal means, such as a sale, a gift, or a will. Only in the case of inherited properties is it permissible to surrender rights in a property through a relinquishment agreement. These would include all of your familial holdings, to which you are entitled by birth under Hindu law, as well as your father's self-acquired property in the event he dies interstate.

Only co-owners of a property have the option to sell their part. In addition, they can only sell their stake to another co-owner.

The Registration Act of 1908 stipulates that any document that creates or transfers a claim over real property should be filed under section 17 (1) b. As a result, in order for a relinquishment deed to be legally legitimate, it should be recorded. In the event of a disagreement, Section 49 of the Registration Act states that an unlicensed document that is required to be registered under Section 17 is inadmissible in a court of law. In the Telugu Kishna Mohan and Others vs. Boggula Padmavathi and Others lawsuit, this was clearly established.




Anaita Vas


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