Release deed challenged by sisters.
GAURAV
(Querist) 13 January 2012
This query is : Resolved
SIR, My grandfather purchased Agriculture land in around 1948 and it get transferred by my Grandfather to my father (his only son) name in 1981 through Decree of Court during the lifetime of my Grandfather. My grandfather died in 1997. I think as the said property was transferred to my father during the lifetime of my Grandfather hence it may be treated at par like a Gift , therefore the nature of the property will be treated as personal property of my father and he can give it to anybody as he wish.
We are two brother and two sisters from Haryana and are Hindu. My father get Release Deed of the property in July 2005 in favour of both son. In the contents of the release deed the nature of the property told as “ancestral” but the same was personal property of my father. Due to this release deed the property mutated in our name in revenue record in 2005.
Now Both the sisters challenged the Release Deed in court in June 2011 stating that as the said property is ancestral hence they have also birth right share in this property.
On discussion with a lawyer he says that:-
(1) As the property is stated by your father itself as “ancestral” in release deed hence the same will now be treated as ancestral irrespective of the fact that it was initially personal property of your father .
(2) Moreover as it has been given to you through release deed which itself prove that it is ancestral in nature. And hence the sisters will get share in the property definitely.
Whereas regarding point (2) above is not against me because
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : R. S. A. No. 3020 of 2010
Date of Decision : March 07, 2011
Harjot Singh and others .... Appellants
Vs.
Gurjit Kaur and others .... Respondents
HON'BLE MR. JUSTICE L. N. MITTAL
In the above Judgement the HIGH COURT Held that Transferring title of self acquired property in family by way of release deed is legal and valid..
But the Points (1) is somewhat seems to be in favour of my sisters. My father and mother is alive.
Sir , Your comments / suggestion on above situation required.
REGARDS
GAURAV
prabhakar singh
(Expert) 13 January 2012
IT WAS TOO SIMPLE BUT THE RELEASE DEED RECITAL HAS MADE IT COMPLEX,NOW IT HAS BECOME AN ART DEPENDING UPON THE ADVOCACY AS
THE LAW IS EAGER TO BENEFIT DAUGHTERS AS PAR WITH SONS.
Raj Kumar Makkad
(Expert) 14 January 2012
The documentary evidence speaks more louder than oral. Even though erroneously the recital of ancestral property has been mentioned in the release deed but the court decree in favour of your father still stands intact and even your sisters have not challenged it so the property is purely self acquired of your father and he is free to dispose of as per his whims and wishes which he done in your case.
Luckily your father is still alive. He can also be made a witness in the suit stating therein that the recital qua the source of the property has wrongly been mentioned by him.
In nutshell, your sisters have no right in the aforesaid property and chapter is closed now.
Deepak Nair
(Expert) 14 January 2012
Even though it is mentioned in the release deed that the property is ancestral property, you can prove through the documents that this is not an ancestral property.
You have to produde the land records with respect to the property. You can prove through the said land records that the property was purchased by your grand father and the same was gifted to your father by your grand father.
I nmy opinion, a minor error in the release deed may not cause any threat to your claim to the property.
Devajyoti Barman
(Expert) 14 January 2012
Only the deed its entirety is looked into to get its proper meaning. Minor aberration is often ignored.
Documentary evidence do stanbd out than verbal evidence.
GAURAV
(Querist) 15 January 2012
THANKS TO all experts for their valuable suggestions.
