Relinquish Deed

after RD your mother becomes the absolute owner she can transfer the same to your brother or can make a will

You have to talk to your mother who may write a registered Will for 50% to both of you. If she will execute Gift Deed, then she will cut her hands. Who will take care of her in her old age.

Contents of the documents have to looked into otherwise you will be misled.

When you relinquish your right in favour of any person, he/she acquires the exclusive right to the extent of right relinquished. And in this case your mother has absolute right in her favour, challenging relinquishment deed for seeking declaration from court to declare it null and void, is very difficult. Because par the time of relinquishing your right in the demised property you have given statement before the Registrar that you are doing so, without any undue influence and coercion and only due to natural love and affection you are transferring it. The only way out is Gift Deed in your favour by your mother, which involves stamp duty to be paid and will in your favour by your mother, but that can be changed my her during her lifetime and also challengeable in court of law.

Mr.Gurmeet , you should not have signed Relinquish Deed . A deed of relinquishment is made when some of the heirs don't want the share which will come their way and don't mind it going to someone else. Now the basic requirement of deed of relinquishment is that the person relinquishing his interest must have some interest in the first place. This deed of relinquishment is unique document which comes into picture only with regard to joint hindu family property as in joint hindu family, you get share in the property by birth. Other issue is that of revocation of deed of relinquishment. Yes, a deed of relinquishment can be set aside on the same grounds a contract can be set aside. Since there is no consideration or price in a deed for relinquishment, the way to challenge and set aside the deed of relinquishment is on the grounds of fraud, undue advantage, misrepresentation or similar grounds. If the person in whose favour the shares are relinquished is unwilling to cancel the deed, you must approach the civil court for cancellation of the deed. The limitation to approach the court starts from the date when you come to know any such deed has been executed against your intersts in the property. In India, that period of limitation is three years as per limitation act. If doubt your mother may influenced by brother and she may make will only on his name . You insist for Gift Deed. For Further information Contact any Advocate on this Forum.