Release deed validity and enforce

Querist : Anonymous (Querist) 11 August 2021 This query is : Resolved
1. In 1974 my grandmother applied Form 7 (under Karnataka Land Reform Act-Occupancy rights) for Land ownership. This Property was tenanted property (Mulageni & Chalgeni)
2. As per the Form 7 process the entire tenanted property vested with the State Govt.
3. In 1975, my grandmother executed the release deed in the year 1975 on entire above tenanted property in favor of her eldest daughter(my mother) with consideration amount Rs5000, which was registered with sub-registrar and mutation entries completed in the record. Paid consideration amount in front of sub registrar. Also members of the family - legal heirs also given the consent and signed in the release deed.
4. In 1980, Form 7 become Form 10 - State Govt passed the order and declared Grandmother as owner of the entire property and updated the land records.
5. In 2007, grandmother passed away
6. In 2019, grand mother’s legal heirs some how showing the death certificate of grandmother and updated everyone’s name Karnataka RTC(Record of Rights, Tenancy and Crops) with their names.

Question: When the Release deed was created, property in concern was vested with State Govt. Can I now enforce the release deed and update my mom’s name in the property (RTC). Is the release deed valid?

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Quick Summary

This discussion concerns the validity and enforceability of a release deed executed in 1975 for a tenanted property in Karnataka. The property had vested with the State Government under the Karnataka Land Reform Act. Despite this, a release deed was registered in favour of the grandmother's daughter (the mother), with family consent. Later, land records were updated to show the grandmother as the owner. The question is whether this release deed can still be enforced to update the mother's name, given the property's status at the time of the deed. Legal advice suggests filing a suit for declaration and injunction, as revenue records alone do not determine title.

G. ARAVINTHAN (Expert) 12 August 2021
Your mother require to file a suit for declaration that she is owner of the property and for mandatory injunction to mutate her name in the record.

P. Venu (Expert) 12 August 2021
Yes, your mother ma file a declaratory suit. The entries in the revenue records do not create or determine title to property.

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