Legal Question in Real Estate Law in India

Hi,
Myself is Sapna Aggarwal. There is a property in Delhi which is in the name of my Father. My father died in 1993 and had not written any Will. We are 4 sisters and 1 brother. My brother prepared a �Deed of Relinquishment� in which Releasers are my Mother and 3 out of 4 sisters and the Releasee is my Brother. My brother not include the name of one of the sister due to some personal disputes with the sister. We have signed the deed and it is also registered. Now the excluded sister just came to know about the fact and wants her share. Is the �Deed of Relinquishment� registered earlier can be cancelled now. If yes, then what is the procedure for cancellation. Also, if the excluded Sister files any case under any court, then what will be the consequences of the same on me and how can I defend from the same. Please help.

Asked on 2/18/14, 2:12 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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18.02.2014

Dear Sapna,

With the demise of your father intestate (without a Will), the title of the property vests in the name of your mother.

Regards,

Answered on 2/18/14, 2:25 am

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Manjeet Singh

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You should have informed your excluded sister in this regard and also your brother to include her name. In this case your excluded sister can claim her share in the property because her share has not been relinquished.

Answered on 2/19/14, 4:19 am

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Kabita Loharka

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dear client....

The sister whose name has not been included need to file a partition suit claiming her share in the property left by her father .... accordingly if the rest sister need their share can become party and file a petition for cancellation of reliniquished deed... for any query or help do reply back..

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Answered on 4/19/14, 11:26 pm

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