• Can a property obtained by relinquishment by all heirs be willed

Can a property acquired by registered relinquishment deed by my mother be willed in my name.it has been 10 years wen it was relinquished by all hiers on death of my father.what can or type of agreement she sign in my favor
Asked 7 years ago in Property Law
Religion: Sikh

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10 Answers

Mother can execute will in your favour as she is absolute owner of property

2) will should be attested by 2 witnesses

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Once registered relinquishment deed is executed your mother is absolute owner of property

She can execute will in your favour

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. Your mother can execute a registered Gift Deed in your favour and immediately after your acceptance of the gift, you would become the absolute owner of the property during your mother's lifetime itself.

2. Alternatively, your mother can execute a WILL in your favour and the contents of WILL come into effect after your mother's lifetime and you would become the absolute owner of the property afterwards.

Shashidhar S. Sastry
Advocate, Bangalore
5399 Answers
329 Consultations

1) relinquishment deed cannot be revoked by the legal heirs

2) merely because no consideration is mentioned is no ground for revocation

3) legal heirs have to file suit to set aside relinquishment deed on grounds of undue influence or coercion

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

First of all, relinquishment deed once be executed cannot be cancelled. Hence, your mother is the absolute owner and you shouldn't fear that your siblings will revoke the relinquishment done in favor of your mother 10 years back. Thus, she may freely without any haste execute a will in your favour. Make sure you get the will duly registered and stamped .

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. A registered Release/Relinquishment cannot be revoked.

2. A registered Release/Relinquishment Deed may be challenged on the ground that it was executed only under undue influence, threat or coercion.

Shashidhar S. Sastry
Advocate, Bangalore
5399 Answers
329 Consultations

Can a property acquired by registered relinquishment deed by my mother be willed in my name.it has been 10 years wen it was relinquished by all hiers on death of my father.what can or type of agreement she sign in my favor

After all other co-sharers have relinquished their rights in the property in yor mother's favor, she becomes the absolute owner of the property, after which she can transfer the property to anyone and in any manner of her choice and desire.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Me n my sisters via registered relinquishment deed transfered all the rights to my mother after death of my father 10 yrs ago.Property was transfered in my mothers name and thereafter 2yrs hence mom gifted 50 percent of it to me.Now she wants to will rest 50 percent in my name.The property was acquired by my Grandfather willed registered in my fathers name who didnt leave any will .Iam a Sikh.

There if no problem in your mother executing a registered will in yor favor for the rest 50% share in the property.

It is legally valid.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Can any of the legal heirs revoke the relinquishment deed they signed 10 yrs back as no consideration was paid.What is the time limit for revoking a registered relinquishment if any. The relinquishment deed states and makes my mother as absolute owner as all give up their rights intrest title including theirbheirs asaignees etc

No co-sharer can revoke the registered release deed relinquish his their rights in the joint property anytime after the registration of the said relinquishment is done.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Can a regsitered relinquishment deed be revoked after 10 yrs n what efect it will have on will and o gift deed done

The registered document cannot be revoked for any reason, hence there is no time bar also for this.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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