Hi, My father owned a plot of land in Assam, which was encroached upon. it appears that the encroachers also got their name onto the land records register as co-owners. My father filed a Title Claim suit in 2006 which he lost in 2015, and subsequently appealed against, which is now pending with District court in Guwahati. My father passed away last year. My mother and two siblings are his heirs and wish to pursue the case further, however- I am not interested to be a part of the (1) lawsuit , nor of any (2) future settlement that they may get from it. 1. What is the legal process to opt out of such a lawsuit and renounce my interest in the property in favor of my mother? Can I send a letter declining my interest apostilled from USA (where I reside) stating that I decline to be a part of the lawsuit and wish to renounce my interest. Is there a format and legal 'term' that I need to use for this letter. I would like to do this in a way that doest impact my siblings ability to pursue the case. 2. Is any stamp duty payable on such relinquishment of future interest in a property whose title is still under dispute? Thank you for your considered responses.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can execute gift deed for your share in property in favour of your mother
2) gift deed should be duly stamped and registered
3) mere letter is not sufficient to relinquish your interest in property
4) in alternative you can execute POA in favour your mother to continue legal proceedings against encroachers
5) when case is decided in favour of your family then execute gift deed or relinquishment deed
In a suit relating to dispute of property between members of joint family on the one and hand and an outsider, all family members need to participate in Court proceedings. It is no practicable and also not advisable. Any family member having sufficient time can represent all family members. So far as renouncing your interest in the property is concerned, you can execute a registered relinquishment deed in favour of other members. Such deed is known a “contingent relinquishment deed,” contingent upon decree of suit in favour of your family. Such deed will take effect as and when the suit is decreed in favour your family. You need not visit India, you can execute such deed by executing a special power of attorney in favour of your friend or relative giving him authority to register such deed. The SPA has to be attested by Indian consulate in U.S.
If you remain silent without signing the papers for continuing the case as one of the parties to the suit being part of the legal representatives of your deceased father, you can simply stay away from the case without doing anything.
The court will set you exparte after sending the summons and finding no response from your side for all the attempts made to implead you as party to the suit.
It is not clear whether after your father's death, your mother, your sibling and you have been substituted in his place as appellants in the appeal matter. If so, you may opt out. You may execute a specific PoA in your mother's or sibling's favour, get it either notarised or attested by the Indian Consulate in the US and send it to them. Your power agent may then file a petition on your behalf for withdrawing your name as an appellant, supported by an affidavit for the purpose, in consultation with your lawyer handling the appeal.
Dear Client,
You need not visit India, you can execute special power of attorney in favor of your mother or any relative to continue with the legal proceedings.
Thank You.
1. You can execute Relinquishment deed and do the same. But if matter is in court you need to obey final court order
2 yes stamp duty and registration both
