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Author Topic: Validity of Relinquishment Deed  (Read 384 times)

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Offline kswamy

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Validity of Relinquishment Deed
« on: May 24, 2016, 05:54:52 AM »
My aged mother was asked to sign a Deed of Relinquishment by her two brothers (whom she trusts) so as to transfer a large property in central Mumbai that was purchased by my late grandfather to their names.  The Deed has explicitly false statements in it.  I have documentary evidence contradicting the claim that all 11 heirs of my grandfather who have rights have agreed to this transfer.  To my knowledge the Deed has not as yet been registered with the sub-registrar's office as 6 of the 11 heirs have refused to sign it without being paid for their share of the property. 

in my opinion this is an attempt at a fraudulent transaction - should it be reported to law enforcement? What documents need to be filed, if any, to rescind it and start a partition process of the Estate?

Thank you for any response

Offline adv.amarnath

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Re: Validity of Relinquishment Deed
« Reply #1 on: May 25, 2016, 11:46:59 AM »
Deed of Relinquishment is absolutely invalid and void in the eye of law. Immediately file a partition suit and permanent injunction before it is too late
Regards,

Amarnath Sanyal
Advocate
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Offline advjaibansal

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Re: Validity of Relinquishment Deed
« Reply #2 on: May 26, 2016, 02:30:10 AM »
Dear Sir,

The relinquishment deed has to be registered then only it will become valid. You may need not to report to this to anyone as if now as the deed itself is not valid and other legal heirs have refused to sign the said deed. If you have share in the property and looking forward for your share to be given it to you, in such case, you may file a suit for partition for the said property against all the legal heirs who are having right in the said property. Meanwhile if the is apprehension that any illegal transaction can happen or they try to create any third party interest then you may file a suit for permanent and mandatory injunction restraining them from creating any third party interest. This suit can be filed any any one of the legal heirs or all the legal heirs jointly before the civil court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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