Nagaraj (Manager) 29 December 2010

Property Dispute involving release deed

Hi,

I purchased a property in Bangalore in the year 2005. The property owner had 6 siblings out of which 2 died in a mishap. The remaining 4 brothers and the 2 sister-in-laws (wives of deceased brothers) have signed a release deed stating that the property is now released to the youngest brother. I bought this property post the registration of this release deed. The release deed has signatures, photographs with finger prints of all brothers, sister in laws and grand children of the first brother (3 of them are majors). I got it registered with one of the registrars in Bangalore - North

I mortgaged the property with a nationalized bank for the construction of a house. On the day i planned to demolish the A.C sheet houses to plan to build a new house, one of the wives (of the deceased brothers) stated that she lives there and that the demolition shouldn't be carried. Later the eldest of all brothers filed a case against the youngest brother stating that he sold the property without their knowledge and that it should go back to them.

I've been strangled with this case for the last 5 years and am fighting out the case.

The khata is in my name and i've paid the property task to-date. I've also issued notices to the tenants (living in the scheduled property) stating that they have to start paying rent to me going forward.

Please advice what further steps should i be taking in order to win this case? Also please help me with an approximate time this case would take to be heard.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 30 December 2010

Now what is the stage of the case? You have got good case because regd., relinquish deed is there. You take the certified copy of the same and produce before the court if you have not yet produced it.

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Nagaraj (Manager) 30 December 2010

I thank you for your immediate response Mr. Rajeev.

The case is now with the civil court where the other party has been asked for proof submission. The copies of my sale deed along with a copy of the release deed is with the court.

I've issued a notice to the tenants currently residing in the scheduled property to start paying the rent to me.

What do you think the time taken for this case would be? If at all there's any chance for the opposite party for this case to be in their favor, what would that be?

VIJAY MONGA (ADVOCATE) 31 December 2010

Relinquishment deed is a very strong document because it extinguishes the shares, title and interest of Releasor(s) in favour of the Releasee. You have a very good case and I wish that will not going against your interests but nobody can say that for how long you have to visit the court rooms.