• Claiming back relinquished property

My father acquired a property in the years 1960s and he died in the year 1964 or some where. We were three brothers and at the time of my fathers death I was only 4 years old and last one in the family. After my father death my eldest brother shouldered the responsiblity and brought us upto the graduation status and after that we the other two brothers have relinquished the property to the eldest brother since he wanted to extend the house to live comfortably that is in the year 1991 and my eldest brother died in 2007 and elder brother also died in 2005. But due to some unknown reasons myself is childless and reached near to retirement age and i need some monetary support. Since the relations are not cordial now i want to claim the property share which was relinquished at that time since there is no other source of income like pension or anyother kind.

the question is whether relinquished property can be claimed back straightly ?
or can it be claimed back on some personal and sympathetic grounds ?

what law says

kindly reply at the earliest.
Asked 3 years ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) Once you have executed deed of relinquishment in favour of your brother you have no right . Title or interest in the relinquished property 

2) you cannot claim it on personal grounds 

3) I presume relinquishment deed was duly registered 

Ajay Sethi
Advocate, Mumbai
46601 Answers
2756 Consultations

5.0 on 5.0

1. Once you had relinquished the property you ceased to have any right to claim it. 

2. Sympathetic grounds are not recognized by the law. You could claim it only on legal grounds, which do not exist in your favour. It is a closed chapter now.
Ashish Davessar
Advocate, Jaipur
23084 Answers
639 Consultations

5.0 on 5.0

Well, i regret to inform that property once relinquished can't be cancelled. However you can file suit for setting aside the deed if you can prove that the same was executed under force or coercion.
Devajyoti Barman
Advocate, Kolkata
13100 Answers
174 Consultations

5.0 on 5.0

A. Once the property right released by you that cannot be restored and claimed the same unless re released by the releasors in your name.

B. But release deed must be registered in the eyes of law.
B.T. Ravi
Advocate, Bangalore
835 Answers
57 Consultations

5.0 on 5.0

1. No. If you have executed and registered a legally valid  Relinquishment Deed, then you can not cancel it now,

2. You can not claim back your share of the property which you had relinquished long back under any ground. 
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

the question is whether relinquished property can be claimed back straightly ?

Once the property relinquished by executing a registered release deed, it cannot be revoke nor the property so relinquished can be reclaimed.

or can it be claimed back on some personal and sympathetic grounds ?

 A big NO is the proper answer.    Sympathy has no role to play in this position of law. 

what law says?

Law says that dont make fool of it by doing things contrary to it.
T Kalaiselvan
Advocate, Vellore
36720 Answers
403 Consultations

5.0 on 5.0

If the relinquishment deed was registered, the property when relinquished cannot be claimed back on any grounds, no personal or sympathetic grounds would find favour. however the relinquishment deed can be challeged and set aside in the court of law on the ground that you were minor and could not understand as to the reasons for relinquishment.
Shaveta Sanghi
Advocate, Panchkula
880 Answers
64 Consultations

5.0 on 5.0

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