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craj   29 August 2016

Revoking release deed

Dear Sir or Madam,

I live abroad for the last 15 years. In 1995, I sent money to my two elder brothers to build a house with four floors. SInce I could not be present to sign the papers, my brothers registered the land and the house in their names. My father lives in that house and my brothers and family are living with him in the same house. Ten years ago, my father and brothers signed a release deed with their and my signature releasing their rights on the property. All the rights were exclusively given to me and the release deed was registered in the municipal office. I did not transfer the property to my name till two years ago. Now the property is transfereed to my name. But my brothers and their families continued to live in the same house with my father, and they rented three floors and are taking the rent for their income. I wanted to financially help them all this time. The tenancy agreements have been in their names with the tenants. I have 2 questions:

Question 1: Can my father and brothers revoke the Release Deed and my ownership on my property?

My brothers are now harassing my father and they are forcibly wanting to make him sign a document for submission in the court indicating that my property belongs to all of them and not to me. They are threatening my father that if he does not sign the document, they will kick him out of the house and no longer look after him. My father is under pressure to sign their document. But, I do not know what they are making him sign.

Question 2: If my brothers go to court with my father's signatures, will the court honor their submission?

Please advise.

Thank you,

Raj

 

 

 



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     29 August 2016

Dear CRAJ

1) U father may cnacelled the release deed provided he is ready and willing to do it under no pressure.

2) If u had sufficient proof that the use ur money to construct four story building then u had full right over the property. No one can stop u from that.

If u like my suggesation then give THANK on my profile.

Kumar Doab (FIN)     29 August 2016

Obtain irrefutable evidence that your father is being coerced/forced/prssurised/threatened.

Lodge police complaint.

You were not Co-sharer in the property but release deed was signed in your favor and it was registered in MC office and not before Sub-Regsitrar.

 

You may better show all docs on record to avery able counsel specializing in revenue/property/civil matters ASAP.

 

 

craj   29 August 2016

Thank you for the answers. I checked the documents. The  Partition Deed, Release Deed as well as the new Title Deed (showing my name as the owner of the property) was registered with the Sub-registrar office, and not the municipal office.  The new Khata Certificate is in my name.

Please advise. 

Regards,

Raj

Kumar Doab (FIN)     29 August 2016

You may show all of these docs, and also mutation record and all link documents,   to a very able counsel specializing in revenue/property/civil matters ASAP.

 


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