You can very much challenge the relinquishment deed if you can prove your mental state with medical record. The act of relinquishment is not a normal act, such relinquishment is done with some purpose like for consideration or exchange or property. The document is got executed by coercion and fraud taking advantage of you mental state. File a suit in District Court seeking cancellation of relinquishment deed on the ground of coercion and fraud. Court will order cancellation of relinquishment deed. Under Section 11 of Indian Contract Act, 1972 all acts done by person not in proper mental state are invalid.
Relinquishment of property rights
Sir, I'm 32 years old male living in Tirupati. My mother died from cancer two years ago. After her death, I went into severe depression and cognitive dysfunction for 11/2 years and recovered recently. A few months after her death, my maternal uncle i.e. my mother's younger brother made me sign a relinquishment deed making me forfeit my rights to the house and other acquired, not ancestral, joint properties belonging to my grandparents. My mother had an equal share in all the properties. He told me that I had no claim whatsoever on any property after my mother's death. I was unable to think clearly and to make my own decisions regarding the properties. I was mentally incapable of forming independent judgement at the time of signing the relinquishment deed to the house. My uncle didn't even give me the document to read before obtaining my signature in the Registrar's office. I'm the only son to my mother. Now he's asking me to vacate the house. I'd like to know if I can challenge the relinquishment of my rights in the court citing my mental state at the time of signing the relinquishment deed? It's almost 11/2 years since the deed was signed by me? Please advise me. Kiran.
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
You can file suit to set aside relinquishment deed
rely upon your medical records to prove you were not mentally fit at time of execution of relinquishment deed
Yes, you may very well challenge your uncle's claim by seeking annulment of the relinquishment deed on the grounds of your mental health at the time of its execution. You have to produce and prove all the relevant medical records in support of your claim to the satisfaction of the court. Limitation is not an issue here.
Yes can be challenged since when the document was signed you were not in a disposing state of mind
However the burden of proof will be on you
You need to have all the medical records as well as witnesses who can depose in your favour about your mental state at the relevant time when the document was signed
The uncle cannot just ask you to vacate the house. He has to file an eviction suit and prove that he is entitled for the possession
1. You were marvellously naive to believe your uncle. On the intestate demise of your mother you succeeded as a Class 1 heir to all her properties, whereas your uncle had no right, title or interest in her properties.
2. Since you have executed the relinquishment deed the title has transferred to your uncle who can now evict you by filing a suit for recovery of possession.
3. The only thing you may do is challenge the relinquishment deed on the ground that it was executed under coercion, but the element of coercion will have to be proved.
If you have proofs to prove that you were not in a stable mental condition then you can win the case with the support of documentary evidences in your favor.
You can file a suit for partition and add all these documents and evidence to prove your claim.
Yes you can do that but you will need strong evidence to prove the same
1. You are your deceased mother's legal heir to claim the properties to which your mother was entitled to.
2. File a suit in the jurisdictional Court to cancel the Relinquishment Deed executed by you in favour of your maternal uncle.
3. Even though 1 1/2 years have elapsed since you executed the Relinquishment Deed in favour of your maternal uncle, still you can file a suit for cancellation of the deed, based on your previous mental health with supporting documents to prove that you were unwell.
Sir, I'm 32 years old male living in Tirupati. My mother died from cancer two years ago. After her death, I went into severe depression and cognitive dysfunction for 11/2 years and recovered recently. A few months after her death, my maternal uncle i.e. my mother's younger brother made me sign a relinquishment deed making me forfeit my rights to the house and other acquired, not ancestral, joint properties belonging to my grandparents. My mother had an equal share in all the properties. He transferred the property to his wife later within a month. He told me that I had no claim whatsoever on any property after my mother's death. I was unable to think clearly and to make my own decisions regarding the properties. I was mentally incapable of forming independent judgement at the time of signing the relinquishment deed to the house. My uncle didn't even give me the document to read before obtaining my signature in the Registrar's office. I'm the only son to my mother. Now he's asking me to vacate the house. I'd like to know if I can challenge the relinquishment of my rights in the court citing my mental state at the time of signing the relinquishment deed? It's almost 11/2 years since the deed was signed by me? Please advise me.
Asked 3 years ago
You can file a suit for permanent injunction against your uncle to restrain him from forcibly evicting you from the property other than by due process of law.
At the same time you can file another application seeking to cancel the registered relinquishment deed executed by you during your unstable mental health condition by attaching the medical documents to prove your claim.
The query is repeated. Please be guided by my earlier response.
Suit to set aside deed of relinquishment has to be filed within period of 3 years
since you have to do so for 11 years claim would be barred by limitation
Dear Client,
You can challenge the relinquishment deed in the District Court on the ground of coercion and fraud. Also, note that according to the Indian Contract Act, this deed will be considered as invalid as it was entered when you were mentally unfit.
Thank you
- If you have signed the said deed while you was in depression then you can file a declaration suit before the court for cancelling the said relinquishment deed .
- Further, as the maternal uncle not come under the class I legal heirs of your deceased mother , then legally he has not right to claim any share and to take the relinquishment deed for the property which was in name of your mother , and also her share in the ancestral property.
You can do so but there is a limitation part which will hit you. Therefore you should have justifying reason to show that why you didn't challenge it for so many years
Dear Sir,
You can challenge the relinquishment deed by filing partition suit claiming your mother’s property by saying that you are misled to sign relinquishment deed and thus fraud was played on you in taking the relinquishment deed from you.
