• How to get property rights back?

My father has 20 acres of farm land which was came from my grand father who was expired. My father has 4 sisters. These 4 sisters filed a petion in the court stating that they have right in the 20 acres property as that was a ancestral property and court issued judgement in favour of them stating that 20 acres divided in to 5 parts and each own 01 part. Now we have made a out of court settlement after the judgement and they (4sisters) are willing to withdraw the consent from the these 20 acres property. What is procedure to be followed to get the full rights back on the property? Does relinqueshment deed work in this case? If yes what is the matter to be written in the deed?
Asked 7 years ago in Civil Law

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17 Answers

1) sisters have to execute relinquishment deed to relinquish their share in proeprty

 

2) it should mention that they are relinquishing share in ______ acres of land 

 

3) RD should be duly stamped and regsitered 

Ajay Sethi
Advocate, Mumbai
99974 Answers
8159 Consultations

Yes, a reliquishment deed perfectly serves the purpose at hand.

Contact a local lawyer to get the same drafted. All the four sisters need to relinquish their respective 1/5th claims in this property in favour of your father

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

Sisters have to execute relinquishment deed in your father favor.In deed it will be mention that out of love or for such cosideration, they are releasing their share in brother favor and making him absolute owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

They have to make an relinquishment deed in favour of your father the deed needs to be registeredadn stamp duty need to be paid. It has to be registered with jurisdictional sub-registrar. Engage an advocate to draft teh complete deed and help in regiistration of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If gift deed is executed mention details of court decree and out of love and affection they gift their share in property 

Ajay Sethi
Advocate, Mumbai
99974 Answers
8159 Consultations

The term “Relinquishment” refers to the abandoning and surrender of the rights, title and interest, by one co-owner of a property in favour of the other co-owners. Relinquishment deed is a legal document where under a legal heir gives up or releases his legal rights in an inherited, parental or joint property in favour of other heirs. The consequence of Relinquishment of one co-owner’s share is enlargement of the shares of the other co-owners.

 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

It is advisable that all the relevant developments are recited in the RD, including the facts regarding the Court case and its verdict. Thereafter you say, after happening of all of that, the sisters are relinquishing their respective shares out of love and affection.

I will suggest you to take help of a lawyer in getting the RD drafted/.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Your sisters need to Execute Registered relinquishment deed in your favour stating that they are relinquishment their rights in the said property

Prashant Nayak
Advocate, Mumbai
34659 Answers
249 Consultations

if your father is paying any consideration to his sisters for releasing their rights to your father then a relinquishment or release deed can be made 

if no consideration is passing between the parties then the sisters can gift their respective shares to your father by executing gift deed in his favour

a release deed without any consideration is basically a gift deed only

please have the document drafted by a competent lawyer

there is no problem at all if the parties mutually agree to deal with the property in variation to court's judgment 

Yusuf Rampurawala
Advocate, Mumbai
7922 Answers
79 Consultations

Ancestral property cannot be gifted by any person and all those legal hairs will have the right on the property since they come in the womb of their mothers.

You are only and title for once a year out of 5 and you have to be satisfied on that.

Please keep in mind that there is nothing left in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes they will have to execute a relinquishment deed made in favour of your father. Get the same drafted from a lawyer 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Do not mention that it is a gift, if you mention it to be a gift then a gift deed has to be executed.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes, relinqueshment deed of course works, 

In deed it should be mentioned that sisters relinquishing her share of land ,it should be duly stamped and registered

It's better to consult local lawyer for proper language of deed

Dimple Jain
Advocate, Jodhpur
222 Answers

You can mention about court decree but Gift deed and RD both are different 

Gift deed means you gifting your share of property ,

Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. 

Dimple Jain
Advocate, Jodhpur
222 Answers

Correct way is to get a family settlement singned by your sisters in your favour and get it registered in the Registrar Office.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If your paternal aunts would like to give away their rights in the property to your father, they can execute a registered release deed relinquishing their rights in the property in favor of your father.

For the proper recitals in the deed, you may approach a local document writer who will take care of all the issues including registration.

T Kalaiselvan
Advocate, Vellore
90176 Answers
2506 Consultations

Is there any need to mention in RD that the property that we have got as per court orders is here with gifted to my brother out of love and with full consent

There is no necessity to complicate simple things.
They have the rights in the property which they are transferring it to their brother on the basis of some consideration passed on to them.
Hence a simple release deed duly registered shall suffice the issue.

T Kalaiselvan
Advocate, Vellore
90176 Answers
2506 Consultations

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