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katheresan (none)     10 October 2013

Release deed challenged by sisters son

Respected sir/ madam,

     My great grand father bought 18 acre of agriculture land in the year 1942. He died in the year 1955. My grand father is the only legal heir, and he was maintaining the property. My grand father had 1 son and 3 daughter. All the daughter got married well before 1987 and the marriage expenses and dowry where carried out by my grand father and my father ( i.e the only male child to my grand father) by means of selling nearly 7 acre of land. My grand father died  in the year 1999 leaving behind 10.7 acre of land undivided. In the year 2001 my father got release deed from his mother, and his 3 sisters  by giving 5 lacs to each considering that all the 5 members of the family (ie my grand mother, my father & his 3 sisters) have equal rights to the property. My father is maintaining the property till now. 

partition     

Here comes the problem:

-> Now in sep- 2013 one of his sisters son has filed a case saying that his mother was cheated and she did not got any amount for the release deed. The plaintiff also says that his mother is illiterate and so she does not know what is a release deed.

->The plantiff also says that he was a minor(14 yr Old) when his mother signed the release deed and so he is not able to get any benefit from the property. so, he is requesting the court to cancell   the release deed signed by his mother.

-> He also request for his share in the property saying that it is also his great grand fathers property.

Additional Information

-> The release deed are registered.

->The amount that was given as compensation for the release of the property is written in the release deed along with  the minor children information in the release deed. 

-> The release deed also contains a line saying that " The amount received as compensation will be used for the education, living & welfare on my minor son's & myself".(signed by the plaintiff mother)

-> The present age of the plaintiff is 27.

 

I am in need of Experts advice. Thank you



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 October 2013

Mr. Katheresan,

I think the plaintiff do not have any case at all but they are somehow trying to pressurize you people for some wrongful gains.  The registered release deed will speak for you, though there was no necessity for such deed at all because the amendment to Hindu succession act in 2005 is clear about NO to its' retrospective effect in providing equal shares to female in the ancestral properties.  Fight it out with the help of a good local lawyer. Advocate Kalaiselvan, Vellore, Ph; 9443441062

1 Like

jagadesh (engineer)     12 October 2013

Since it is before 2005, the release deed is valid. he cant claim property as he is minor so he have rights. if he was a major at that time. he may have chance. But he can try to impose his mother is illiterate and he is trying to prove that, its upto the court. but mostly in favour of you only.

katheresan (none)     15 October 2013

Mr.Kalaiselvan,

    Thanks for your prompt reply sir.I got a greater relief after reading your reply. I started working on collecting evidence regarding the money that we gave to the plaintiff mother & luckily we came to know that the amount that we gave to them was deposited by them in 3 banks & in 1 chit fund in the name of the plaintiff's mother within 4 days from the date of signing the release deed. And we also got the xerox copy of the deposit receipt for Rs.1 lac from the chit fund. And we also got the details of bank name, branch, date of deposit, & the amount that they deposited. Will the above information is enough for our side? I believe that the court will sent a summon to the bank's & it will get the information. The plaintiff mother is a widow & does not have any other source of income at that point of time.  

< p> Sir I also have 2 more questions.

-> The plaintiff is asking for a stay  on the suit property so that we cannot sell, lease or transfer any portion of our property. Will the court allow a stay in the 1st    hearing itself without taking our side into consideration?

-> Under which section can we register a case on plaintiff for this situation of " getting money from someone & saying that he did not gave any money"

Ex. Mr.X(plaintiff) got money from Mr.Y(My father) and after some days Mr.X says Mr.Y did not gave any money. Now in which section Mr.Y can register a case on Mr.X?

Thank You sir.


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