Cancellation of release deed

Venkatesh S K (Querist) 01 September 2014 This query is : Resolved
1) Almost a Month ago my mother registered two release deed on the same day.

2) First Release Deed(AAA) was written by Mom towards one of her son on property A and it was executed without any problem.

3) The second release deed(BBB) was executed by my Mother on the same day, as a power agent of 3 of her sister in law and a brother in law, on property B with a power of attorney(POA) given by them to release 4/6 of their share to one of their own sister. Basically, three sisters and a brother are releasing their right on property B towards their own sister through a POA given to their sister-in-law (my Mom). My mother only has the right to release the 4/6th share towards on of their sisters. My mother is just a Power Agent and has no financial benefits. The reason they used my mom as a power agent is because the 4 power givers and the benefiting sister are all based in Chennai and the property and my mother are based in a village about 800 kms away from the city, which they cant travel at ages of between 65 and 80. To release the 4/6th share the benefiting sister doesn't need to be available in the village SRO to sign the release deed to receive that 4/6 th share. As it was released through a POA written in Chennai, they kept it pending for 10 days to see if the POA is still live and when they found out through an official letter from Chennai Sub registrar office, they released the pending number and registered the document.

4) Now there is a problem with the second Release Deed BBB. When they kept the document in pending for almost 10 days the officer in the Sub registrar office in the village lost two important papers in that document. One of the paper is very crucial with my Mom's finger print, photo, her two signatures, two witnesses' signatures, and the unique QR code in the last page. Now, fearing punishment from higher officers, the officers there took a paper containing all the above for the release deed AAA, took a xerox copy of it and made some alterations with the registration number and added it to the release deed BBB, scanned it and registered it.

I found that when I got that document almost a month later.

We want a legally acceptable release deed registered on property B. Under this circumstance, to register a legally acceptable release deed document like that, what should we do now?

Can my mother unilaterally register a cancellation deed to Cancel release deed document BBB mentioning all reasons why we are cancelling it and re-register the Document BBB as CCC - as a new release deed document written by my Mom and to the same beneficiary sister and with the same witnesses. Will that be legally acceptable or can anybody challenge it in the court that both documents BBB and CCC are not written as per registration rules.

Please someone take the time to examine my situation and give me the right advice. Thank you .

Follow Query

Report Abuse

ajay sethi (Expert) 01 September 2014
once release deed has been executed your mother has relinquished her right , title interest in property. she cannot unilaterally cancel the release deed

Kumar Doab (Expert) 01 September 2014
The staff of SRO has made illegal alterations hence you must represent to Registering Authority citing the observations and most likely you will succeed.

In case you are unable to handle it seek counsel and help of local lawyer dealing in such/revenue/civil matters.