You can make a Compromise deed with aunts and same deed can be presented before the court and court can record the compromise of 2 plaintiff and they claim can be stood withdrawn.
Withdrawal of right
Hello sir/ ma'am My aunts (Brother sister ) filed a case to claim their right in ancestor property. But now 2 aunt out of three aunt have agreed to withdraw their request and they will not claim the same in future. What process and documentation required to follow to achieve the same?
Asked 7 years ago in Property Law
Religion: Hindu
12 Answers
Dear Client,
IF they have sure share in the property than they have to execute release or gift deed. Release deed preferable. .
The aunts who wish to withdraw will have to give an application to court to withdraw their claim in the suit and to delete their names from Plaintiffs
The plaint will then have to be amended to make consequential changes
I would advise that you ask your aunts who are willing to withdraw to file consent terms and request the court to pass consent order on the same
This is more binding and the aunts wont have a chance to raise any future dispute if consent terms are filed
1) file consent terms in suit wherein they agree to relinquish their rights in property
2) deed of relinquishment can be executed duly stamped and registered by the 2 aunts
1) Better you can go with Relinquish Deed and get registered with registrar.
Hello,
1) They have to file affidavits in the court to the effect that they are relinquishing their rights in the property in basis of a settlement and shall not make any claim in future.
2) They have to state before the court through their lawyer that they do not wish to pursue their claim and withdraw the petition on their part.
If they want to release their shares then execute a relinquishment deed.
Relinquishment deed is a legal document/ instrument where a person legally or formally gives up or releases his/her legal rights of the said property.
They shall have to register a Relinquishment or Settlement Deed in your favour duly relinquishing/settling their shere of the said property in your favour.
Plaintiff should make an application in the next date of the case that he/she intends to withdraw the case
Hello,
A relinquishment deed is required to be drafted and registered.
Get in touch with a local lawyer, once the same is registered the same has to be produced before the concerned court.
Regards
The parties which do not want to contest the case may remain exparte.
They can even execute a registered release deed relinquishing their rights in the properties.
Hi,
Firstly to Withdraw their claim, the Aunts need to file an application to withdraw their case before the Court.
Secondly, have registered Settlement Deed/Release Deed executed by the Aunts in your favour so that it ends to all future claims from them or their legal heirs.
