• Claim daughter right in property

My wife is legal heir in her mother's share of property.

But sometime during 1999 to 2002 her elder brother made all 5 sisters individually sign a document which was something of the nature stating that all sisters are relinquishing their right in the property.

My wife signed this document as her elder brother is very aggressive (gussewala) and in my wife’s household no one can say no to him in matters like these.

What impact will this document have, now that my wife wish to claim her right in the property.
Asked 15 days ago in Property Law
Religion: Hindu

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16 Answers

Is relinquishment deed registered 

 

if it is not registered your wife and her sisters  can claim their share  in property 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

1. If your wife has not signed registered Reliquishment/Release Deed in the jurisdictional Sub Registrar's Office, then your wife can still claim her individual right in the property.

2.  In case your wife has already signed the registered Relinquishment Deed, still she can file for cancellation of the deed as it was not voluntary and she was forced by her brother to sign it.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

- As per law, none of the legal heirs having right to claim over the  property of mother during her life time 

- If her mother is already died  intestate , then her property would be devolved upon all the legal heirs equally including your wife 

- However, any of the legal heir can release her respective share in favor of other after executing a registered Relinquishment deed 

- Hence, mere signature is not enough to take the share of your wife , and the said deed must be registered before the registrar of Delhi. 

- Your wife has her right to claim over the property , and she can get the same after sending a legal notice or after filing a Partition suit before the Court. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

If your wife had relinquished her rights in the property by executing a registered release deed, then she may not have any chance to claim any share in the property at this stage.

She could have taken steps to cancel the same within three years from the date of execution, now it is barred by limitation to cancel the relinquishment deed and claim a share by filing a suit for partition. 

For your information, if the relinquishment was made by an unregistered document then your wife can file a suit for partition to claim her share in the property ignoring the unregistered document 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

As your wife signed the deed of relinquishment voluntarily, she cannot have any further claims on her share of her mother's property. If she challenges the deed now, the burden is on her to prove her case that she signed it under mental duress or physical threat and not willingly.

Swaminathan Neelakantan
Advocate, Coimbatore
2710 Answers
20 Consultations

4.9 on 5.0

No value if it is not registered. 

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

You need to dispute that wife signature on basis of coercion and prove the same in court that it was not willing 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Dear Client,

 

The document your wife signed relinquishing her rights to the property might have legal implications, but its impact can vary depending on several factors. If the document was signed under duress or coercion, its validity might be challenged in court. If your wife can provide evidence or witnesses to support her claim that she signed under pressure or without full understanding, it might be possible to contest the document. Legal actions usually have statutes of limitations. The burden of proof might fall on your wife to demonstrate that the document was signed under coercion or without proper understanding of its implications. Evidence such as witnesses, testimonies, or any documentation supporting her claim will be vital. Any history of coercion or dominance within the family might also be taken into consideration by the court while evaluating the circumstances under which the document was signed. Depending on the legal assessment, the court might declare the document invalid in part or in full, thereby reinstating your wife's right to her share of the property. Alternatively, if the document is deemed valid, your wife might not be able to claim her share as per the terms of the document. It's essential to act promptly as legal matters related to property rights often have time limitations. 

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

It is confirmed from the further details furnished by you tht she had relinquished her rights in the property long ago by executing a registered deed.

Now she cannot claim share in it as a right neither she can go for cancellation since it is very badly barred by limitation

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Once registered relinquishment deed is executed your wife and her sisters have no share in property 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

Even now all the sisters or your wife alone can file a case in the jurisdictional competent Court to set aside the registered Reliquishment Deed as it was made out of coercion, fraud, threatening, etc., by praying the Court for condonation of delay.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

If the deed of relinquishment was duly executed and registered, your wife cannot have any further claims on her share of her mother's property. If she challenges the deed now, the burden is on her to prove her case that she signed it under mental duress or physical threat and not willingly. If she has no documentary evidence or competent witnesses, her case will fail.

Swaminathan Neelakantan
Advocate, Coimbatore
2710 Answers
20 Consultations

4.9 on 5.0

Id it’s a registered deed it’s very difficult in court up prove the case in your favour 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Could have challenge the deed on the ground of forceful execution but now its barred by limitation. 

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

Dear client,

 

The fact that the deed was properly registered adds another layer of complexity to the situation. A registered deed typically holds significant legal weight and is presumed to be valid unless proven otherwise.

However, despite its registration, there are still potential avenues to explore, although it might be challenging. If your wife can demonstrate that she signed the document under duress, coercion, or without fully understanding its implications, it might be possible to challenge the validity of the deed. Proving undue influence can be difficult, but evidence such as witness testimonies or any documentation indicating coercion might support her case. Further If your wife can argue that she didn't understand the contents of the deed due to not being properly explained or informed about its implications, she might have grounds to challenge it. If there are other family members who were aware of the circumstances surrounding the signing of the deed and can provide testimony in support of your wife's claims, this might strengthen her case.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

- Since, she has signed the said registered deed before the office of the Registrar , then it cannot be cancelled without getting court order. 

- She can file a Partition & Declaration suit before the Court for getting share and to cancel the said Relinquishment deed , on the ground that the signature was taken in dark and forcibly. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

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