Release deed

This query is : Resolved 

20 June 2012

My mother had bought a house in which I am currently leaving. Both my mother and father expired without any will or gift deed. I have 2 sisters and I have requested them to release the house in which I am currently leaving. Only 1 has agreed for release deed. She has 3 children who are minor now.
Can any of you please clarify my doubts which are:
1. Can anyone of the child go court for the property once they become Major?
2. Do I have to mention in the deed that my sister is also releasing rights on behalf of her children as they are minor? If yes, then would it be sufficient to Release rights of minor children?

Shonee KapoorOnline (Expert)
20 June 2012

No the property in the hands of your sister is equivalent to her self acquired property and she is free to deal with it in any manner she deems fit during her lifetime/


Shonee Kapoor

Shonee KapoorOnline (Expert)
20 June 2012

Minors can not challenge this deed on attaining majority.


Shonee Kapoor

Devajyoti BarmanOnline (Expert)
20 June 2012

1. Yes as this is the ancestral property.
2. Yes as the release deed on their behalf would be voidable at their option on attaining majority but must be enforce within 3 years thereafter.

Nadeem QureshiOnline (Expert)
21 June 2012

agree with experts

Ananda (Querist)
11 July 2012

Thank you for the advice

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