Release deed
Sridharan
(Querist) 08 March 2013
This query is : Resolved
A lady with a minor adopted son, gives a release deed to her father who is inheriting his grandfather's property. Does the document bind the minor also whereby the adopted child will not have any claim in that property.
prabhakar singh
(Expert) 08 March 2013
No agreement or transfer can be made about a minor's share or property with out prior permission of the court,hence such a release
by mother about her adopted son's share shall be not binding upon the minor.
But the question is can any son claim coparcenary rights in maternal grand father's family? Or he shall claim only under her mother?
Hence if mother is doing all this under any undue influence and laboring in confusion that the same would not bind her adopted son then better she should not execute the release.
Adv Archana Deshmukh
(Expert) 08 March 2013
In my opinion a son is not a member of the coparcenary of his mother's paternal side property, so whatever the mother is going to receive as her share will be her absolute property and hence she is capable of executing the release deed during her lifetime.
Rajeev Kumar
(Expert) 08 March 2013
As per as given query the adopted child has no right in her mother's absolute property whether she executed release deed in favour of her father inheriting the ancestral property.
Raj Kumar Makkad
(Expert) 08 March 2013
Nothing to add in the given replies of the experts.
