1) once aunt has executed reminders her children have no share in property

2) on basis of RD apply to tehsildar to remove aunt name from patta

3) if tehsildar rejects your application file appeal before appellate authorities

Sir, as I understood your situation I found that you have a Relinquishment Deed executed in your favor by your aunt in 1984 on basis of which you are claiming that property. Generally once the relinquishment deed executed the property rests in another's title but why the Tahsildar says so. I think there are two reasons-

1. The local land law may have a clause in this regard, or

2. Tahsildar is lying and it may be that mutation may not have initiated in revenue records in this respect.

Because Relinquishment Deed once executed becomes irrevocable. It may be with or without exchange of money.

It has nothing to do with whether the property is inherited or self aquired.

My questions are

1. How to remove my aunt's name from the patta?

Ans: It satisfies all the requirements as such the revenue authorities are bound change the Patta in your name, failing which you may prefer appeal before higher revenue officer or file suit.

2. Can her children contest a claim in the property? (All her children were majors at the time of relinquishing her property)

Ans. No, children cannot contest and object such relinquishment as all the children were major at that time of relinquishment.

Essentials Elements of Relinquishment Deed

Legal document: Relinquishment deed is a legal document. Through this legal document, an heir can transfer or release his legal right of the inherited property.

Consequences: The effects of such transfer of rights are the release of the share of one co-owner and the enlargement of the shares of the other co-owners.

Irrevocable: A release or relinquishment deed is irrevocable even if it made without any consideration. For a valid relinquishment, the property must be owned by more than one person.

Relinquishment cannot be done in favour of a 3rd person: Relinquishment of property can’t be made in favour of a person other than a co-owner. If a relinquishment is made in favour of a person who is not a co-owner, the transaction will be treated as a gift.

Must be in writing: The relinquishment of right in the case of immovable property needs to be done only through a written document called relinquishment deed which must be signed by all the parties and witnessed by at least two witnesses.

Must be registered: Relinquishment deed falls under Section 17 of the Registration Act, 1908 and hence, a release of rights in the immovable property must be registered. The registration takes place in the office of the sub-registrar within whose jurisdiction the property is situated.

Consideration: A relinquishment deed can be done with or without any consideration.

Easy process: A relinquishment deed can be made and registered in few days, and this process is not expensive.

1. If you submit a true copy of the registered Deed of Relinquishment to the Tahsildar, there should be no difficulty in getting your aunt's name removed from the joint patta. The fact that it is an ancestral property has no relevance for their objection.

2. As the Deed of Relinquishment executed by your aunt has been duly registered, her children cannot legally claim back your aunt' share. Verify the EC from 1984 onwards to ensure that the Deed of Relinquishment is reflected there.

1. Your aunt has relinquished her share in the property in your favour whereupon the pata has to be sanctioned in your favour.

2. A writ petition can be filed in the High Court to challenge the refusal of tehsildar to sanction the patta in your favour.

3. After the relinquishment by your aunt her children cannot claim a share in the property.

Dear Client,

In whose favor, aunt has relinquish her right ? hope in brother`s.

Who bought this property.

Tehsilaar is idiot. no knowledge of law.

Give details - From where property came. Family Tree.

hi,you can file a civil suit for declartion in court on the grounds of relinquishment deed executed in 1984..the court has a power to pass a decree in your favour

The Tahsildar is wrong to say that he cannot remove your aunt's name from the patta, especially if she had transferred her rights by executing a registered release deed relinquishing her rights to her cosharer/sibling.

You should understand the position of law that she cannot relinquish her rights to you directly, she can do it in favor of co-sharers only.

You are not a co-sharer.

Your father after acquiring the rights from her could hav transferred the property to your name as a registered settlement deed or gift deed.

Did you apply for transfer of patta to your name with the concerned revenue department in writing, what was the reply, did they give anything in writing?

Based on the reply you can drag them to the court of law seeking relief.