• Equal rights after giving away my share

I have willingly given my share to my brother along with my sisters to my brother. Now I have realised that I have made a mistake. Can I ask for it back ?Can I succeed?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

If they have accepted their relinquishment/gift, and pursuant thereto, they have already taken the physical possession upon your share; you cannot ask them to return your favour

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If it's just a paper, and this relinquishment wasn't under any duly executed gift/relinquishment deed, in the case you can re-claim your share.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1( did you execute any gift deed or relinquishment deed

Is it duly stamped and registered

If so you cannot claim your share again

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If document is not stamped and registered it is not binding upon you

You can claim your share in property

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. IF you have executed a REGISTERED Deed (Gift /Sale /Transfer) for giving away your share, THEN you will not be able to demand it back, UNLESS & UNTIL, it is proven that you were forced /fooled /coerced /frauded /mischiefed /mentally unfit, to give away your share.

2. IF you have NOT executed a Registered Deed, THEN you can claim back your share, thru a Civil Suit to be filed in a local Civil Court.

3. A Self-Earned property must be retained with self ONLY till death time, for personal financial security reasons.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Once given you can ask for it till they are willingly returning to you. Once the transfer is done you don't remain the owner of the same

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. Have you registered a settlement/relinquishment or gift deed in favour of your brother?

2. If yes, then such deed of conveyance in favour of your brother can not be revoked or cancelled as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. the said paper signed by you will not convey your share of the property in favour of your brother since it is not a legally registered deed of conveyance.

2. So, you won't have to claim back your share from him since it has not yet been conveyed to him or want of registration of a deed of conveyance.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You will need to challenge that paper where you transfered your share to your brothers. You will need to prove that you did not do it willingly or voluntarily.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. The only way you could have given away your share was through a gift deed or release deed but both these documents require mandatory registration under Registration Act. It is not clear from your query whether the document was registered.

2. If the document was not registered then you may file a suit for declaration of your title to the extent of your share and to declare the said document as illegal and void. However, if the document is registered then you will have to seek a declaration of illegality of the document on the ground that it was executed under coercion, undue influence or fraud.

3. It is also not clear from your query as to on what basis you say it was a mistake. Mistake is also a ground under Indian Contract Act to set aside a document but it is mainly error in consent. Mistake in legal sense bears a more restricted meaning than in popular parlance. Mistake can be of two kinds, mistake of law and mistake of the fact. As to mistake of general law, every person is deemed to be conversant with the law of land and a person cannot plead that he was ignorant of the law he is governed by. A mere change of heart subsequent to the contract is not a mistake of fact

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If it is not registered, no right transfer to brother can be reclaimed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you have executed a registered release deed relinquishing your rights then it cannot be revoked until there is any condition imposed in it and the beneficiary breached or violated the condition.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

If the relinquishment was by an unregistered document then it is not legally valid.

You can very well revoke the same and take back your share of property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hi,

You may not take your share back owing to principle of estoppel.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer