Property inheretence
Sheep
(Querist) 05 October 2012
This query is : Resolved
After the death of my father ,my sister and mother are transferring their 1/3 share in my father's self acquired free hold property in my name thru a registered Relenquishment Deed.
I wish to know if at a later date (say after 5 -10 years) if my sister changes her mind,can she ask for cancellation of the Relenquishment Deed or challenge the same in court saying it was signed by her under misrepresentation/coersion.
Is there any better way to avoid any problem in future.
Devajyoti Barman
(Expert) 06 October 2012
Yes she can challenge but those types of suits are very hard to prove.
Do not panic thinking about unfounded apprehensions.
Guest
(Expert) 06 October 2012
Your sister may change the mind, but the relinquishment deed cannot be changed. However, future being always uncertain. You cannot restrain your sister from challenging the relinquishment deed any time on any ground of deed having been got made under pressure, coercion, false promises, and so on and so forth, which on proof can lead to annulment of the relinquishment deed..
prabhakar singh
(Expert) 06 October 2012
ALL CONTRACTS ARE VOIDABLE AT THE OPTION OF ANY OF THE PARTY ON GROUNDS STATED IN CHAPTER II OF THE INDIAN CONTRACT BY A SUIT OF CANCELLATION IN CIVIL COURT WITHIN 3 THREE YEARS FROM THE REVELATION OF FACTS .
HOWEVER SUCH AN SCENARIO CAN BE GUARDED WITH EARLIER COMMUNICATIONS MADE IN BETWEEN BEFORE
ONE CHOOSES TO AVOID IT SO THAT ONE IS HANGED ON LIMITATION FRONT.
K.K.Ganguly
(Expert) 06 October 2012
Yes. She can challenge the same later on but you have no other option before you. Try to make the settlement deed as perfect as possible without keeping any loophole.
Sheep
(Querist) 06 October 2012
Sir thANX for ur prompt response.Though I hv engaged a lawyer to get the Relenquishment Deed job done but the draft he has made is the same as the standard RD format available on the net.Are there at specific points which should be included so as to ensure there r no loopholes.Please guide me on this.
Rgds
Anil Oberoi
MohammedRaffiq Bijapur
(Expert) 07 October 2012
I agree with Prabhakar Sir.
Registered Deed has presumptuous value. burden will be on ur sister to prove the misrepresentation, fraud ect,. Dont panic
