Legal Question in Real Estate Law in India
Being a sister, I have given relinquishment deed (RD) to my brother in respect of my father property with the sub registrar office in Delhi during May 2007. My elder son was major at the time of RD and he has not signed any paper. Now my brother behavior and relationship is not good with us. Can I take back my share through my eldor son. It has come to my notice that my brother is selling the said property. Pl advice.
3 Answers from Attorneys
your son has a right to claim the property of his maternal grand father through you only. once you have relinquished your share, your son cannot claim the same now. but you yourself can challenge the relinquishment in the court of law, in case the same was executed under fraud, coercion, duress, misrepresentation or undue influence and seek restraint orders against your brother so he cannot sell the property till your suit is decided.
Once relinquished your share ,you cannot ask the same from your brother after so many years . Your son has no share in the property ,he could have had his share only through you and not otherwise . And you already had relinquished your share in favour of your brother.
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