Relinquishment deed
Chavvi
(Querist) 05 December 2017
This query is : Resolved
Can a relinquishment deed be executed by an apparent legal heir without the title document? without succession certificate? even when there was no will and case for partition was pending?
What stamp duty must be paid for it to be valid?
How to prove the that a relinquishment deed is void.
Facts of my case:
The RD was executed by old widowed and uneducated mother relinquishing her right in the property of her late husband in favour of one of her son.
The mother has alleged that the RD is forged in her affidavit.
The mother is no more alive. According to her will, I should get her share in the property.
Legal owner's definite share in the property is not ascertained till date as the case is going on for about two decades now.
P. Venu
(Expert) 05 December 2017
The facts, as posted, lacks clarity. However, if the relinquishment deed is validly executed, there is nothing left to be bequeathed by the Will.
Kumar Doab
(Expert) 05 December 2017
Agreeing with Mr. P .Venu.
Which personal law applies in this case say; Hindu?
It is believed that you are all Hindu.
The said property is in which state?
What is said property say: in Co-OP society, Agricultural land, Rural area, Urban area, Under areas of MC etc?
Confirm!
Kumar Doab
(Expert) 05 December 2017
The owner can dispose his estate by a valid/registered deed.
The succession opens on date/month/year of death.
If owner i.e deceased husband did not dispose the property in his life by a valid deed and/or leave a valid deed, succession shall set in, per provisions of applicable personal law.
The succession has opened on death of husband of deceased Lady { Wife (mother as in Query)}.
In case of Hindu male; The 1st right is ClassI legal Heirs for equal share i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………
Since wife was alive her share is determined i.e. Equal…
So determine who are all ClassI legal heirs and % share of wife can be determined.
Kumar Doab
(Expert) 05 December 2017
If the property was never divided by boundaries either by amicable settlement/partition or by a partition deed then once it is done the boundaries equaling to % share of deceased wife can be fixed.
The wife has signed the said relinquishment deed and then WILL after death of her husband and she cannot dispose more than her share.
Kumar Doab
(Expert) 05 December 2017
Forged Relinquishment deed; the death of wife also is not her fault. The alleged forgery is yet to proved.
On what counts the lady alleged forgery, is not posted by you.
She must have appeared before registering authority!
The matter if it is in court then court shall decide.
WILL; the owner can dispose his estate by a valid/registered deed. The wife could dispose the property/estate if she owned it. If the said relinquishment deed was valid/registered then she could dispose by WILL ( same estate/property as in relinquishment) only if she owned the estate narrated in WILL.
Until relinquishment deed is declared void due to forgery there is NO (same area of estate) left in her ownership that could be disposed by (valid) WILL.
Kumar Doab
(Expert) 05 December 2017
Relinquishment deed; Immovable property can be relinquished by a valid/registered relinquishment deed.
Is the said relinquishment deed registered?
20 years back was there any code/rule/law by which even an unregistered mode of relinquishment was valid?
Stamp Duty: If relinquishment deed was registered 20 years back then adequate stamp duty must have been paid.
Usually legal heir certificate s sufficient to update share by inheritance in mutations record and post updation in mutation records of the concerned authority, the ownership by inheritance is available on documents.
