Legal Question in Real Estate Law in India

Relinquishment

My father in law died in 1972 without leaving a will. My father in law left behind a residential house. In 1984 the four sons and three daughters have signed a family arrangment whereby the daughters have been shown to have gladly relinquished their right to the property of their father. This was done by deceit as they did not reveal the contents of the document and got the document hurriedly signed by the daughters. There was no separate relinquishment deed. The family arrangement was also not registered as it was found not necessary as per the legal advice. Now when the daughters approached for their share when a question of handing over the property to builders for construction of a flat came up, they said that the daughters having relinquished their interest they cannot claim for their share now. Since the relinquishment needs registration under the Registration Act 1908, can the daughters put in a claim that the relinquishment clause in the family arrangement is not valid.


Asked on 1/19/07, 3:29 am

2 Answers from Attorneys
D. M. Bhalla D.M LAW CHAMBER

Re: Relinquishment

a family settlement does not need registration. hence binding on parties. one religating back can be pulled up in court

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Answered on 1/21/07, 12:46 pm

Re: Relinquishment

Registration of a document in fiew cases is necessary but if the same is not registered then it does not mean that the same ceased to have force.Detailed facts and documents are required to be examined to give acqrate openion.

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thanks.

siddharth

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Answered on 1/19/07, 3:45 am


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