Response

You won’t be able to contest it. A minor has no legal standing to contest or claim property. If your mother and other siblings signed a registered release deed renouncing their rights in your favour in exchange for a monetary fee, then your mother’s will or settlement deed is invalid in law. A relinquishment deed is irrevocable. It can, however, be challenged in court on certain grounds. Yes, following the person’s death, you can contest the release deed/ relinquishment deed. However, in order to contest it, you must have substantial evidence and proof that the deed was made fraudulently.

If you don’t have any proof, there’s no use in fighting it because the case might not hold up in court. Documentation: A relinquishment deed is a legal document that allows an heir to surrender or release his legal right to an inherited property to someone else. Registration is required: A relinquishment deed must be registered in order to be legitimate, according to Section 17 of the 1908 Registration Act. A relinquishment deed is a legal document that gives up or releases the rights, titles, and interests of a particular legal heir in a common property to other legal heirs.

A relinquishment deed can be questioned under the same grounds that a general contract can be revoked. Fraud, undue influence, coercion, and misrepresentation are all possibilities. It’s also crucial that both parties agree to the cancellation.

Reference: Transfer Of Property Act, 1882 – – AHG159 – 202100581 – 81 – 77 – 20210098202100242596

LAWAYZ-2023-951