We are three childrens, my self and two sisters both are elder to me aged about 50 and 52 years.They got married between 1980-90. My father had constructed single floor house in 1980. He demised in 1988 and was not left any will. After my father death my self and my mother managed to raise another 2 floors with available savings in the year 1995. After two 2 years of raising the building my mother gave two floors to my sister on condition that after settling of their children they should vacate the house. My mother expired in 2012. After my mother's death my sisters executed relinquish deed in my name as per my mother desire in 2013 but continued to stay in the building.The khata of the property is held in my name. The building is not pillarised construction and foundation is 35 years old and not safe. As such I wanted to demolish and reconstruct the house. I can afford only single floor construction. My sisters are now demanding money for vacating the house even after executing relinquish deed.I cannot pay the money what they are demanding. I may please be advised upon:-
(a) Whether relinquish deed can be revoked by my sisters, if so on what basis.
(b) Whether Iam bound to pay the money to my sisters even after executing relinquish deed.
(c) What is the solution for the above problem
Asked 3 years ago in Property Law from Bangalore, Karnataka
Whether the said relinquishment deed was duly registered before the concerned registrar office?, if not then the said deed is of no use legally,but it is binding morally.
However whether there was any condition imposed in the relinquishment deed that you may have to pay a sum of R........to each of the sister to vacate the premise?, if so, you may have to comply with the requirement or condition agreed.
Your sisters legally have rights to a share in the property that belonged to your father who died intestate, therefore, there is nothing wrong if you can spare some amount to your sisters as compensation towards their share in the property and settle the matter amicably instead of stretching the issue to a legal forum and get it delayed unendingly. That will be a wise thing.
1. After the execution of relinquishment deed by your sisters in your favour the former ceased to have any share in the property. As a corollary thereto, their residence in the building without your consent is illegal.
2. You should file a lawsuit for eviction against your sisters whereupon the court can order their eviction.
3. Relinquishment deed cannot be revoked by them.
The deed was duly registered in sub register office and there there was no condition imposed in the relinquishment deed that I have to pay a money. In this scenario I may please be advised
Asked 3 years ago
1) once deed of relinquishment has been executed and registered your sisters cannot demand any share in property
2) it cannot be revoked by your sisters
3) you will have to file suit for eviction against your sisters
The relinquishment deed has then attained finality, and is irrevocable.
If the relinquishment deed is duly registered and no clause for revocation ,then it could not be revoked. If any person want to revoke the same ,he may take a contention that it created by fraud and move to court .You have no liability to pay the money .you can demolish the house and construct again in the same place. File an eviction petition against the sisters if they are not move from house .
assuming that the site was purchased by your father and thereafter he constructed a house, after his death in 1988 you and your mother put up another 2 floors, thereafter your mother gave two floors to your sister (did she execute a gift deed in favour of your sisters) how and by what means was the transfer made (if any transfer was made at all) if a gift was made with a condition that they must vacate the 2 floors after settling their children. Subsequently your sisters executed a Relinquishment deed in your favour for the 2 floors only and not for the entire part of the house.
In such a case, you can file a suit for recovery of possession citing weak structure and seek their eviction from the house property. No need to pay any monetary compensation to them.
1. Registered Relinquishment deed cannot be revoked by your sisters, but the same can be challenged in a court of law by your sisters.
2. You are not bound to pay the money to your sisters even after executing the relinquishment deed if the contents of the relinquishment deed does not speak anything about money transfer between the siblings on account of relinquishing the property by your sisters in your favour.
3. The solution to this problem lies with all the three of you. In other words, all the three of you discuss and come to an understanding regarding monetary matter and arrive at a decision.
If the relinquishment deed was registered document then it is a valid and legally tenable document upon which, the legal eirs who relinquished their rights cannot enforce the rights in the property once it was given away. If they threaten to file a partition suit, let them go ahead, you may file a petition to the suit under order 7 rule 11 to reject the plaint due to the reason that it is not maintainable. You are not bound to pay them any money legally.