• Regarding relinquishment deed

My granny(mother of my grand father) & her 1st son released their 1/3 & 1/3 total 2/3 ownership to my grand father who is 2nd son to granny in 1998.

After that my granny, for the same 2/3 property which previously released to my grand father again makes gift deed in 2005 to my uncle(son of her 1st son)

My grand father and granny and his 1st son died now.

My uncle is pressure us to leave home, my father is alive. 

Please tell me who had rights on the property.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

Is the relinquishment deed duly stamped and registered?

2) once relinquishment deed is executed grandmother cannot execute gift deed of property in favour of your uncle

3) your grandfather was absolute owner of property and on his demise would be inherited by your father and other legal heirs

4) refuse to vacate the property

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

I presume relinquishment deed is duly stamped and registered

Your uncle cannot evict you from the house

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

Your uncle has no share in property

2) file suit to set aside gift deed executed by granny

3) enclose copy of the relinquishment deed

4) apply for mutation of property in name of legal heirs on demise of grandfather

5) seek declaration that you are absolute owners of property

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

On account of the relinquishment deed having been executed in 1998, the gift deed executed later in respect of the same property is a nullity and your uncle cannot compel you to vacate the property.

You may file a suit for cancellation of this gift deed and seeking an injunction that you may not be dispossessed by your uncle.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

Sir / Madam,

I assume R. deed/ G. deed is registered then.

In case, If your granny mentioned about R. deed in the gift deed to stands withdrawn then it is assumed that R. deed is invalid.

** In the life time of granny, she had right to transfer the property on somebody else name.

Please share the document to know better.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. Since the Release Deed is adequately stamped and registered in the Sub Registrar's Office in the year 1998 in favour of your grandfather, then your grandfather was the owner of the property and the Gift Deed executed by your granny in favour of your uncle is not legally tenable and same is Null and Void.

2. Get the Encumbrance Certificate to know whether the release date executed by your granny in favour of your grandfather reflects the transaction.

3. Also check whether the mutation of the property in your grandfather's name had been effected subsequent to the Release Deed.

4. File a case in the competent court to cancel and declare the gift deed executed by your granny in 2005 as Null and Void, since your granny was no longer the owner of the property in 2005, in view of her executing the release deed for the same property way back in 1998 itself.

Shashidhar S. Sastry
Advocate, Bangalore
5067 Answers
314 Consultations

5.0 on 5.0

1. After releasing her share in favour of your grandfather your great grandmother could not have executed a gift deed in respect of it as she ceased to have any right, title or interest in the property after the execution of release deed. The gift deed is illegal.

2. Your father should file a civil suit for declaration of the title of your grandfather and another declaration that the gift deed executed by your great grandmother is null and void.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your granny had executed a registered release deed to your grandfather, this registered document will confer title to that part of share of the property to your grandfather.

If yor grandfather is not living now, then as his legal heir, your father can claim a rightful and legitimate share out of his share in the property.

If this transfer by your granny was not done by a registered document then her subsequent registered gift deed will hold ground and the beneficiary of the said gift deed shall be the absolute owner, any claim against him at this stage may not be sustainable in law.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

The deed, release of ownership written in 1998 is a relinquishment deed.

Well, if this was a registered document, then your father can claim his rights and share in the property as one of the legal heirs of his father, confirm.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

elinquishment deed is duly registered at sub registrar office and stamp duty paid.

What action should we take on my uncle kindly explain, for which i will be highly thankful to you sir.

If so, your father should file an eviction suit against your uncle seeking the court to evict him from the property as he is an unauthorised and illegal occupant of the property.

A land grabbing complaint also may be initiated against him.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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