Can Limitation Act be applied for cancellation of relinquishment deed?


*)Once a relinquishment deed has been executed, it cannot be reversed except-
1. where the parties to the deed themselves agree to have the deed cancelled, or,
2. where it is proven that the deed was executed by force, fraud or undue influence.
However, there is no such limitation to have the relinquishment cancelled if the above two conditions are met.

*)Limitation period is 3 years but it depends upon the adjudicating judge and consider the case for granting of permission. Therefore it can be said that Judge will apply his mind for deciding this case.
However relinquishment deed cannot be revoked. However, it can be challenged on certain grounds in the courts of law.An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding. If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908. The cancellation may be executed by mutual consent of all parties, Once you have relinquished your share in property by registered relinquishment deed you have ho share in property,You signed on a release/relinquishment deed giving all your property to your brother unconditionally. Now you cannot go back and take away the property unless your brother gives it back to you.

Reference: The Registration Act, 1908
Section 65 in The Indian Evidence Act, 1872
Section 67 in The Indian Evidence Act, 1872
The Indian Evidence Act, 1872
Section 60 in The Indian Evidence Act, 187



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