Woman’s Right To Property Can’t Be Relinquished Based On Affidavit: Court

Woman’s Right To Property Can’t Be Relinquished Based On Affidavit: Court

Woman's Right To Property Can't Be Relinquished Based On Affidavit: Court

Court stated girl’s proper in her father’s property cant be relinquished on foundation of a consent affidavit.


The Gujarat High Court has stated {that a} girl’s proper to a share in her father’s property can’t be relinquished on the premise of a mere consent affidavit signed by her waiving her rights.

The court docket of Justice AY Kogje allowed a plea of ​​a lady from Bhavnagar district, difficult the choice of the district authorities to simply accept a consent affidavit giving up her rights within the property whereas refusing to incorporate her title within the income information of the land.

Petitioner Roshan Deraiya and her sister Hasina had signed a consent affidavit earlier than their father Haji Deraiya died in October 2010, giving up their share of land in favor of their three brothers, on the premise of which their names had been excluded from the income information.

When the land was transferred within the title of the petitioner’s brothers after their father’s loss of life, she approached the deputy collector questioning the exclusion of her title on the premise of the consent affidavit that she had signed when her father was alive.

The petitioner’s utility to mutate her title was rejected by each the deputy collector and the collector. The income division additionally rejected her attraction in June 2020 on the grounds of delay.

Even after the loss of life of the daddy, the petitioner’s proper on account of the succession for her share in her father’s share of the land was required to be examined, the court docket stated within the order, which was made obtainable on Monday.

“The consent affidavit couldn’t be handled to have extinguished the suitable of the petitioner within the share of the daddy after his loss of life. The order of the deputy collector is due to this fact faulted on the bottom of not contemplating the related materials,” the court docket stated.

Even if the affidavit in query is for use as the premise of relinquishment, it must be established by “cogent proof”, the court docket stated.

The petitioner had instructed the court docket that the authorities accepted the relinquishment deed in query regardless of her objection, and distributed the land belonging to her father amongst her three brothers with out her consent or approval.

When she approached the income division, it cited delay, saying the petitioner was raking up a stale declare six years after her father’s loss of life.

(Except for the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)

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