• Legal separation from siblings

AFFIDAVIT by parents authenticated by judicial magistrate that other siblings had relinquished their right on ancestral property along with statement of parents
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

What is your query?

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Deed of relinquishment has to be executed duly stamped and registered 

 

mete affdavit by siblings does not result in relinquishment of property 

Ajay Sethi
Advocate, Mumbai
100009 Answers
8163 Consultations

Then such right can be relinquished

Prashant Nayak
Advocate, Mumbai
34687 Answers
249 Consultations

This affidavit has value in the eye of law.

Te right of a person over an immovable property can only be obliterated by a registered deed of conveyance.

So the siblings can relinquish their respective undivided share in the joint property by way of a registered deed of gift or deed of release.

Such relinquishment can not be done by an affidavit.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

The affidavit is valid and can be used in judicial proceedings though kindly clarify your question.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

What is your query?

You have just written the fact 

Kindly elaborate 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

An affidavit  for relinquishing the rights is not valid in law, it has to be registered document.

A judicial magistrate cannot authenticate this document even if does,m it is not valid since the procedure for this is to be executed by a registered document only.

T Kalaiselvan
Advocate, Vellore
90212 Answers
2507 Consultations

Judicial observation and recording same in order is absolute.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want to know the legality of the affidavit, as per I am able to understand.
  2. Yes, the affidavit would have all legal validity as the same has been executed before the JM.
  3. But, there must be a relinquishment deed along with the affidavit to show that siblings have actually rendered their right in the ancestral property, which might be missing as per the above information.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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