Unknowingly did Relinquishment deed in good faith
this issue is regarding my mother(age 48)(a) and her only real sister(b)(age 49).
their mother Y expired when they were 3 year old.
father (X) did second marriage, and got 5 children 1 boy C ( age 30), 4 girls D E F G (age 34,30, 28, 26) from the second wife Z.
the father earned good money respect and number of immovable properties in their lifetime, they did not made any will when they were alive.
Unfortunately their father expired in 2012.
after 3 months C,D,E,F,G and Z(Step brother , all step sisters, and Step mother) approached my mother A and her sister B commiting false statements that someone has filled a suit on all of them regarding some property deal which there father did when they were alive and we have to go to ragistrar office to do some formality documentation work.
They were having some documents with them and they told A and B to sign on them in front of registrar.
after 2 month we came to know from some person that the documents were nothing but relinquishment deed in favour of step brother and step mother of all the properties of their father.
We extracted the cirtified copies, and filled suit challenging the deed as that was made by fradulent commitments.
Pls suggest what more we can do, what court can do.
What more can be done to get the share in the properties.?
Asked 2 years ago in Property Law from Nagpur, Maharashtra
1) you have already filed suit to set aside deed of relinquishment made on basis of fraud and misrepresentation .
2) seek an injunction restraining the defendants from alienating or creating third party rights on the properties
3) also file suit for partition to claim share in properties .
4) both suits would be clubbed together
You have filed the suit to challenge the relinquishment deed as illegal being executed without free consent. Nothing more you can do within the legal framework except to prosecute your case on merits in the court. The burden to prove that the deed was executed due to fraud practiced on your mother is on your mother, which she has to discharge through cogent evidence which would show that she was a victim of fraud.
Hi, You have already initiated proceedings against them filling a civil suit challenging the validity of the Relinquishment deed as it was executed by way of fraud or mis-representations.
2. You can also lodge police complaint against they for cheating.
Since you have a;ready approached court seeking the said relief, you may have to properly conduct the case and challenge the counters if any filed by them.
You have 50-50 chances to win because the deed execute cannot be cancelled at this stage. but if the situation are properly explained before court and if the court is convinced you have better chance to win.