Release Deed - Implications

Querist : Anonymous (Querist) 23 December 2010 This query is : Resolved
Dear Sir / Madam,

‘F’ (Father) is the KARTHA of a Hindu Undivided Family (H.U.F). The other members of the HUF are the ‘S’ (Son) and the ‘D’(Daughter). The H.U.F.has both movable and immovable properties. The Daughter ‘D’ executed a Release Deed relinquishing her rights in the immovable property in favour of her Father ’F’, before her marriage. Now she has got two minor children. At a later date, the Son ‘S’ also executed a Release Deed relinquishing his rights in the immovable property in favour of his Father ’F’. At that time the Son ‘S’ was married and had two minor children.
In the Release Deeds ( Registered) both of them have stated that hence forth the Releasor will not have any claims in the schedule immovable property. But the phrase “…or her / his legal heirs “ is not indicated in either of the documents. Both Daughter ‘D’ and Son ‘S’ have relinquished their rights only in the Immovable Property and continue to have their rights in the HUF movable properties.
The question is - whether the Father ‘F’ has become the sole and absolute owner of the schedule immovable property? and whether Father ‘F’ can bequeath the schedule immovable property to any member(s) of the HUF or even an out sider? Since both the Daughter ‘D’ and the Son ‘S’ have executed Release Deeds, can the Father ‘F’ still bequeath (through a WILL or a CODICIL) part of the schedule immovable property to the Daughter ‘D and the Son ‘S’?
I shall be grateful for your valuable answers.

Follow Query

Report Abuse

Y V Vishweshwar Rao (Expert) 23 December 2010
1-The Properties are admittedly HUF-Joint properties - father - son & daughter are having equal shares in the said immovable properties and have shares in the Movable properties -

2- What is the consideration for release of daughter's share and son share's in favour of father - ? if proper consideration is there- the Releases are valid - if not the minors/ Grand sons can dispute the same .

3- The Movable properties are still in joint possession with equal shares

4- If the Release Deeds are with valid consideration - the releases are legal & enforceable-the father becomes absolute owner and can dispose the properties as he like- by sale /gift / By Will Deed etc

Devajyoti Barman (Expert) 23 December 2010
Very right advice by mr rao.

s.subramanian (Expert) 24 December 2010
I differ on this view. The release deed executed by the daughter before her marriage will prevent her children from claiming any right over the properties. But the release deed by the son when he has minor children at the time such release deed will not bind those children. The Hindu Law on this point is well settled that a father cannot barter away the rights of the children over the HUF property. Read AIR 1987 SC 1775. Venkatasubbamma Vs Rathnamma.

Y V Vishweshwar Rao (Expert) 24 December 2010
Dear Subramanian I agree with you - The Consideration for the release is the factor to decide the issue. Father can bind the minor sons by his acts on HUF properties if there is any valid need for disposal (Release)

Pritam Saini, Advocate (Expert) 24 December 2010
i agree with Mr. Rao

Querist : Anonymous (Querist) 27 December 2010
Dear Sirs,
Many grateful thanks for your expert opinion. I will indicate shortly the considerations for both the release deeds, and request whether they are legally valid. If not, what is the alternative?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries