1) deed of relinquishment has to be duly stamped and registered to be admissible in evidence

2) deed is under stamped and not registered

3) relatives can make claim on the flat

1) registration can be done only within period of 8 months of execution of deed with penalty

2) relinquishment deed cannot be registered after lapse of 13 years

3) execute gift deed in favour of your son if you so desire

1. Unregistered relinquishment deed is not valid in the eyes of law.

2. Ask the other legal heirs of your said parental property to execute and register a fresh relinquishment deed in your favour and register it to complete the process.

3. Till you take the above mentioned step, the share of the said flat can be claimed by your elder brother and sisters.

1. No. Registration of a deed is done by signing the deed and other papers by the executors/donors and the executee/donee, before the Registrar.

2. Since your father has demised, the said deed can not be registered any more.

3. Settle the matter amicably with your brother and sisters and get =a fresh relinquishment deed registered in your favour.

1) your brother and sister can file suit to set aside gift deed and for share in the flat

2) it is doubtful that they would do so after lapse of 13 years

A. Any property right relinquished to any person that must be registered in the eyes of law. Hence, execution of relinquishment deed in favour is not sufficient records.

B. Therefore, they can claim the property/flat back by filing suit against you. However, this documents could be used for collateral purpose before the court of law.

Even though the gift deed is executed by you in favour of son can be challenge before the court of law by claiming the partition.

1. You can not convey a better title of the property to your son than what you hold.

2. If your sisters can establish that you are not the absolute owner of the said property, then your gift deed in favour of your son in connection with the said property will be illegal, hence void at law.

Once the relinquishment deed is registered it results in an instantaneous transfer of title. It cannot thereafter be unilaterally cancelled by the person who releasor as he ceases to have any right, title or interest in the property he has relinquished.

The only remedy available to the releasor is to file a suit for declaration of the release deed as illegal if he has evidence to prove that the relinquishment deed was executed under coercion, fraud or undue influence.

An unregistered relinquishment deed is not valid in law if the others are claiming their rights by partition.

Better settle the matter amicably than opting for legal process.

Now relationship is not good with my brother n sister. They will not sign again. Can I somehow register the same deed now. FYI... The flat is transferred in my name in the society records since 2003.

Or should I gift it to my son so that they can't claim

They can claim a share in the property since the deed is an unregistered

The registrar will not entertain you with an unregistered document.

However under such circumstances you may file a declaratory suit to declare your title on the basis of this deed in your possession.

If I gift this property to my son who is 23 years old, and then get it transferred in his name in the society then can my brother n sisters still make a claim on it.

Since you have marketable title on your name you can transfer the property in your son's name, let them come with a claim you can take care of it then.