• Does Relinquishment Deed become null and void if donor dies

My grandmother owned a house in Delhi and died without a will. Legal heirs were 3 sons (S1, S2 & S3) and 2 daughters (D1 & D2) (my mother was one of two daughters). Subsequently my mother died too. Legal heirs were my father (husband) me (son) and my sister (daughter). 

Me and my father signed a relinquishment deed (Regd) in 1990 in favour of S3. My somehow, my sister never signed a RD. My father died in 2009. Legal heirs me and my sister. My sister sold off her 1/15th share independently, because S3 was not cooperating, in 2012.

I want to know, now that my father has died, in case S3 has not done mutation, can I and my sister stake claim to RD being null and void and claim our father's 1/15th share?
Asked 3 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) once deed of relinquishment has been executed duly stamped and registered your father has no share in said property .

2)on demise of your father relinquishment deed does not become null and void 

3) on demise of your mother your father was not class 1 legal heir . only you and your sister were legal heirs to your mother . you have executed relinquishment deed and so now you have no share in property
Ajay Sethi
Advocate, Mumbai
45706 Answers
2688 Consultations

5.0 on 5.0

1) once your sister has executed relinquishment deed she has no share in property .

2) if she has not relinquished her entire share she can claim the incremental percentage share 
Ajay Sethi
Advocate, Mumbai
45706 Answers
2688 Consultations

5.0 on 5.0

Hi, once the Relinquishment deed was executed you can't challenge the same unless it was executed by way of fraud or other means. So your sister has share in the property but you can't claim the share of your father. 
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Basically your mother was entitled 1/5th share in her mother's intestate property which devolved on her legal heirs i.e., your father, yourself and your sister.  You and your father have relinquished your 2/3rd share out of the 1/5th share in favor of S3 and that becomes a valid deed and cannot be irrevocable due to the death of one person. Your sister who did not execute a relinquishment deed was entitled to 1/3rd of the 1/5 th share in the property whereas she sold the entire 1/5th share which is incorrect and illegal.  If the beneficiaries file a suit for possession of 2/3rd share out of it owing to the execution of a relinquishment deed in their favor, she may have to answer and compensate the same if not able to return the property. 
This is the legal position, all other calculations made by you will be restricted to your thinking and understanding.
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

1. There is no question of either you and your sister claiming a share through succession in the property of your deceased father when he had executed the relinquishment deed much before his demise. The assumption drawn by you is fallacious.

2. When you had executed the RD with your free consent you cannot claim it to be null and void.

3. The absence of mutation by S3 does not create any right in your favour. It is the prerogative of S3 to mutate or not to mutate the property.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer