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Sunil (director)     08 October 2009

Want to cancel relinquishment deed

My grandfather bought land from DLF 40 years ago and died with a will, which was inherited by his wife (my grandmother). My grandmother died without a will, leaving 5 heirs (3 sons and 2 daughters. House was built on the land mostly by 2 sons, of which one has full possession till date. one daughter and one son are deceased. Daughter's one-fifth share was inherited by her husband, son and daughter. Apart from this grand-daughter, everyone has given a registered relinquishment deed to the son, who has possession. Now he doesnt want to sell house nor pay share to anyone. he is also troubling the granddaughter to sign relinquishment deed so that he can have entire property to himself and his own daughters. I am grand-daughter's brother, and I have also signed relinquishment 20 years ago in good faith. But now I want to have relinquishment cancelled and also want my sister to get her proper share. Please suggest possible solutions. Would be grateful.



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 4 Replies

Jamshed Bey (Lawyer & Legal Consultant +91 9810136627)     08 October 2009

Dear Mr. Sunil

Shares can be obtained by filing a partititon suit against the person holding the possession of the property.

 

As far as your relinquishment deed is concerned, action against that will be hit by limitation act. However. you need not lose heart, you can still show some circumstances in which you were made to sign the said relinqishment deed or you can show to the court that youwere tricked into signingthe same which you did in good faith. You can then follow the court's directions

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2009

One grand daughter is not signed the relinquish deed, she can file a suit for partition.  U all who have already  exeucuted the relinquish deed support her and be a defendants and file a written statement contending that relinquish deed is obtained by fruadlaently and claim your share. Partition suit limitiation is not applicable to grand daughter who has not yet executed the relinquish deed.

For you limitation is applicable.

rakesh (independent)     18 October 2009

how to cancell arelinquishment deed

Sunil (director)     20 October 2009

Is there any legal provision that daughters cannot claim partition?


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