Release deed

Advocate Sheetal (Querist) 26 June 2013 This query is : Resolved
my client is 80 years old, fraudulently her sister had executed an release deed of my clients share in ancestral property in the year 2005 without consideration. my client is illiterate and old in age. want to cancel the said fraudulent release deed. what are the remedy under which act are available to her.

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prabhakar singh (Expert) 26 June 2013
Your client can not cancel it exparte now.

He needs to file a suit of cancellation stating the fraud particulars and the date of knowledge thereof.The suit would be treated time barred and would not lie if three years have passed from the date of knowledge of fraud.

Better get in touch of a senior practitioner
in civil law of your place to get the plaint drafted.

ajay sethi (Expert) 26 June 2013
when did your client became aware of the release deed? she will have to move court to challenge release deed on grounds of fraud .

adv. rajeev ( rajoo ) (Expert) 26 June 2013
If it is unregd., then it is no value.

adv. rajeev ( rajoo ) (Expert) 26 June 2013
If her name is entered in the property extract, your client has to challenge it by filing a suit for declaration.

Rajendra K Goyal (Expert) 26 June 2013
Agree with the expert, no more to add.

Raj Kumar Makkad (Expert) 26 June 2013
Follow the practical advice of Mr.. Singh.

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