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prasad (executive)     06 December 2024

Relinquish deed

Dear Sirs / Mesdames 

Hope, that I can get your valuable advises to my queries below please : 

1) Can a conditional relinquish deed be executed - 

Example : A wants to execute relinquish deed with a condition that, "this relinquish deed will become null and void if the other property is not gifted in the name of A" .

2) Can a relinquish deed be canelled or revoked

3) What is the time frame for cancellation or revocation of a relinquish deed

4) Can, all the leagal heirs execute individual/separate relinquish deeds if want

Regards



Learning

 7 Replies

Isaac Gabriel (Advocate)     06 December 2024

Conditional relinquishment deed is not valid in the eye of law.

T. Kalaiselvan, Advocate (Advocate)     06 December 2024

According to the Supreme Court of India, a release deed for a joint property rights transfer must comply with specific rules to be considered legal. It must be written on stamp paper, signed and witnessed, and registered with the sub registrar’s office, making it a legal, binding instrument that cannot be revoked.

.The relinquishment deed itself may have specific provisions that disallow or allow revocation and the special circumstances for doing so.

It may become necessary to seek the court’s decision in cases where all parties do not agree to revoke a relinquishment deed. In such circumstances, the court will consider the circumstances, evidence, and applicable laws to decide.

Finally, revoking a relinquishment deed is a legal process that requires the mutual agreement of all parties.

The relinquishment deed can be challenged within three years from the date of transfer.

kavksatyanarayana (subregistrar/supdt.(retired))     06 December 2024

There is no conditional relinquishment deed. (2) A relinquishment deed can be revoked if executed by the parties in the relinquishment deed but not unilaterally. (3) Only three years. (4) All the legal heirs of the joint property can execute a relinquishment deed in favour of one or more of the joint owners, or one person can execute a relinquishment deed in favour of other joint owners.  If some joint owners relinquish their rights over the property, the other joint owners shall partition the property or they relinquish their rights in favour of one person for registration purpose.

prasad (executive)     06 December 2024

Sirs, Thank you very much for your valuable advise.

Sirs, kindly through some more light , regarding revocation of relinquish deed.

Ex: 4 persons (siblings) have executed relinquish deeds individually /seperately regarding the one / same property and is it possible, if one of the 4 persons want to revoke the relinquish deed, if so, under what circumstances.

Please advise.

Thanking you sirs.

T. Kalaiselvan, Advocate (Advocate)     07 December 2024

If one of the releaser wants to revoke the relinquishment deed then he along with the releasee can execute the cancellation deed jointly to cancel that particular deed alone within three years.

prasad (executive)     07 December 2024

Thank you very much for your valuable advise.

Dr. J C Vashista (Advocate )     08 December 2024

The relinquishment deed is stated to have been executed by 4 siblings in favour of one of them, in such circumstances, when one of the releasor want to revoke, it has to be cancelled by all 4 executants but not the sole objector.


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