• Restraining order against parents / relinquishment deed

How can I obtain a restraining order or a similar legal remedy in Indian law so that my parents and a few of their relatives are not able to come in my contact .

How can I make a relinquishment deed abandoning all claims to their property.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

If property is in your parents name you have no share in said property

2) the question of execution of relinquishment deed does not arise

3) only if they die intestate would you have any share in property then you can execute relinquishment deed

4) you can file suit and seek injunction restraining your parents from contacting you

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Immediately file a civil suit for injunction against them before civil court and claim restrain order.

Apart from this published your intention in news paper through your counsel and break all your relations with them even you can relinquished all your rights if any by this publication.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

you have to mention reasons why injunction is sought

2) name of relatives have to be mentioned

3) it cannot be generic

4) you should get injunction within 3 months or so

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

If you want to abandon yor parents, that is your choice and right. You can do so, nobody can compel you to be there with them nor they can force any decision on you. If there is a force or coercion on you in any form by your parents or any other close relatives, you can very well seek relief either through police for the violence or any other atrocity committed on you including criminal intimidation.

If the police is not effective, you can even file a private criminal complaint against them with the judicial magistrate court in your jurisdiction.

As per law you cannot claim rights in the properties that belongs to your parents during their lifetime.

If you want to relinquish your rights in the properties after their life time, you cn do so by executing a registered release deed in favor of other legal heirs/successors in interest.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

When I file a suit for injunction do I have to produce any evidence of wrongdoing on their part - Is it required to state particular grounds on which injunction sought ?

Injunction suit shall be for seeking to restrain them from interfering into your possession and enjoyment of any properties, but if you want them to be restrained from troubling you you may have to approach criminal court of law

A few of their relatives who have also been harassing me; do they get mentioned by name - or it can be generic

How long does the entire matter take to complete.

It is not understood that under which provision of law that you are advised to proceed with a civil injunction suit on this subject.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. you have to prove these facts in order to seed injunction order

a. opponent has committed a illegal act

b. you have received or likely to receive irreparable loss

c. balance of convenience in your favour.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

2. you can make all those person as defendant against whom you seek relief.

3. time to decide will depend upon the fact that how the opposite party appear and remain co-operative in the proceeding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. To obtain a restraint order you have to file a suit for permanent injunction against them.

2. A relinquishment deed can be executed only if you have a right, title or interest in the property, but during your parents lifetime you have none in their properties.

3. Relatives who have been harassing you are required to be mentioned by name.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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