Response

Yes, the only legal way to revoke this notarized affidavit is first serving s legal notice to the all other legal heirs citing therein that you thereby through such notice bring it to their attention that the affidavit made by you ( i.e relinquishment affidavit)an not a registered relinquishment deed) stands revoked by you and hence its legal utility thus rendered as null and void.

Then you can also publish such public notice in the newspaper.even if you have given an affidavit it does not take away your right in immovable property as the property in respect of the immovable property can be transferred or you can relinquish your share only by way of registered deed so you don’t have to worry. further you can issue legal notice not to make any mutation entries to the concerned authority and also your brothers so that your brother or concerned authority revenue officers do not mutate your brother’s name based on such affidavit by hook or crook.

In the light of Hon’ble Supreme Court judgement, any transfer/relinquishment of your rights over property has to be by way of registered document,As such this notarized affidavit technically has no legal significant except that it can be used only as a supporting document,Still it is advisable to serve a legal notice to the concerned person that you wish to cancel or revoke your said affidavit.

Reference: that you thereby through such notice bring it to their attention that the affidavit made by you – 202100499-20210042-16461

LAW5374

LAWAYZ-2023-65