1. Yes, you can fight for your right.

2.  Send a legal notice to your stepbrother to honour his words otherwise you would go for cancellation of Relinquishment Deed,  which was under under coercion.

3.  Bring an injunction order to prevent your stepbrother from selling the property.

Is relinquishment deed registered 

kindly clarify 

un registered deed is not admissible in evidence 

- As per law , you have legal right over the property of your deceased father , and being the daughter of second wife not extinguish your right. 

- Further, the registration of the relinquishment deed is mandatory, hence if you have appeared before the Registrar for the registration of said deed then it cannot be cancelled without a  court order. 

- You can send him a legal notice to him for getting the share in the property and to refuse your consent for the said deed. 

- Since, the said deed is registered then there is mere chances to cancel the same. 

- However , you can file a declaration suit before the Court for the cancellation of the said deed on the ground of consent was taken with the promise of payment and which not been paid till date. 

Suit to set aside registered relinquishment deed is bared by limitation 

your chances of success are bleak 

If you had executed a registered relinquishment deed then it will be very difficult to demand partition or share in the property considering the fact that you have relinquished your rights in it 

You may please note that it may be possible to challenge a relinquishment deed executed more than 5 years ago, but it depends on the specific circumstances and legal grounds. 

While there's a general three-year limitation period for challenging such deeds, exceptions exist if the deed was executed under duress, fraud, or if it's deemed void due to other legal issues.

If the relinquishment deed was executed by an unregistered deed, then it has no legal validity, therefore you can issue a notice to partition the property and file a suit for partition subsequently if he is reluctant to give yor share in the property

Typically, the limitation period for challenging a relinquishment deed is three years from the date of its execution. 

 If the deed was executed under duress, fraud, or undue influence, it may be considered void, and the limitation period may not apply but it depends on you proving it with substantial evidences.

You can state that you were forced or pressured to sign the deed with false promises of giving the value of yor share in the property in kind.

You'll need evidence to support your claims. 

This could include documents, witness testimonies, or other relevant information. 

Dear Client,

Although relinquishment deed is usually binding, they may be disputed on various grounds especially in cases when there is no consideration and there was some form of misrepresentation or even fraud.

Absence of Consideration:

A relinquishment deed, by its nature, can be with or without consideration. However, if it states it's without consideration but there was a verbal promise of future payment, this can be a strong point. The core of a valid contract (and a binding relinquishment) often involves consideration.

Time Limit for Challenge:

The limitation period to challenge a document like a relinquishment deed on grounds of fraud, misrepresentation, or undue influence is generally 3 years from the date the fraud/coercion/misrepresentation became known to the aggrieved party (Limitation Act, 1963).

While 5 years have passed since your marriage (and presumably since you fully realized the breach of promise), the key is when you became aware that your step-brother had no intention of fulfilling his promise. If you can show that you only recently became aware of his refusal (e.g., when he started planning to sell the land and explicitly denied your share), you might still be within the limitation period. This will be a factual argument you need to prove.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Relinquishment deed can be done without consideration and it’s valid if registered. 

Challenge the relinquishment deed claiming coercion and fraud. Even a registered instrument can be challenged on the ground of coercion and fraud. 

There is no limitation for claim against fraud. You can do it even now. 

Madam, 

it is suggested that you ask your share in writing and also mentioning that the relinqushment deed was signed fraudulently by inducement. This will render the deed null and void and you may reclaim your share effectively. 

You and your mother have the legal right to challenge the relinquishment deed signed in favor of your stepbrother. Under the Hindu Succession Act, both of you, as the second wife and daughter of your deceased father, are Class I legal heirs. This means you have an equal share in your father’s property along with your stepbrother unless your father executed a valid registered will.

If your stepbrother made you sign the relinquishment deed without paying any consideration, and you signed it based on his oral assurance that he would pay you later, the deed may be invalid. A valid relinquishment deed requires free consent and consideration. Any deed signed under misrepresentation, coercion, undue influence, or without proper legal understanding can be legally challenged.

Since your stepbrother is now attempting to sell the property without giving you your promised share, you can initiate legal action. First, send a legal notice to him stating that the relinquishment deed was signed under misrepresentation and without receiving any compensation. Inform him that you are revoking your consent and asserting your legal right to a share in the property.

Next, file a civil suit before the appropriate civil court seeking cancellation of the relinquishment deed and claiming your rightful share in the property. In the same suit, request the court to pass an interim injunction order restraining him from selling, transferring, or creating any third-party interest in the property until the case is resolved.

You should act without further delay. Although courts may allow challenges beyond the typical three-year limitation period in property cases involving fraud or coercion, it is essential to show that you had no knowledge of your legal rights or were misled.

In case you need my assistance in the matter I can be contacted on 

Regards,

YUGANSHU SHARMA

SYS LAW OFFICES