Can a release deed be cancelled in present case.

Querist : Anonymous (Querist) 28 November 2011 This query is : Resolved
The father died intestate without will and consequently the widow of deceased M and the 3 sons of deceased becomes co- owners of the property which is ancestral property.

The mother M,obtained a release deed in her favour from all her three sons and became sole and absolute owner of the property.

Later on, getting amazed by the greed of getting the whole costly and expensive property via the release deed in her name she now wants to give the property only to her 1 son on plea that she is the absolute owner of the property and can give it to anyone she wants.

The two sons who have signed the release deed earlier now feels prejudiced by this decision of the mother.

Can the prayer for cancellation of the release deed be made to the court on the ground that the sons have signed the release deed in good faith and on bonafide belief that their mother will done justice to them and will preserve the property and give equal share to all the 3 sons.

If the release deed can be cancelled, then what the grounds can be taken by the sons to get the release deed cancelled in the above case.? Can 2 sons son additionally take the plea of undue influence in this case? What are the grounds on which this release deed be cancelled?

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M/s. Y-not legal services (Expert) 28 November 2011
if there is any specific terms and condition about cancellation in future mean the release deed can be cancelled. otherwise it can not be cancelled..

Arun Kumar Bhagat (Expert) 28 November 2011
Release deed can not be cancelled.

Rajeev Kumar (Expert) 28 November 2011
Agree with tom

Devajyoti Barman (Expert) 29 November 2011
A property once relinquished can not be cancelled irrespective of what has been stated in the deed.
Only the court o proof of force, undue influence etc can set aside the deed.