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Validity of a registered release deed

This query is : Resolved 
 

Online (Querist)
21 November 2020

Sir kindly offer your legal on our following issue

My father bought 2 acres of dry land during 1970. My mother also owns some extent of lands on her own. We are three sons and three daughters. Our elder brother is not up to the mark of our society and having a luxury life all along his life time with all kind of vices. Therefore our parents, with an intension of saving their properties, obtained a registered release deed from him for all their movable and immovable properties during 1976 by way of allotting and giving cash and jewels. They passed away before 4 years. Now, our brother, who gave release deed, demanded that the release deed is not valid before law stating that the release deed has been obtained with a malafide intention and threatened his equal share. Is this valid before law, sir.

Perumal.M


N.J.S.Rajkumar alias narasimhaOnline (Expert)
21 November 2020

Discuss with an Local Senior Advocate with all the documents and seek the Legal Opinion. Generally once the Release Deed had been Executed and Registered he can not make any Legal claims.

Advocate Bhartesh goyalOnline (Expert)
21 November 2020

Release deed executed by your brother in the year 1976 is perfectly valid in eye of law. If Release deed was obtained with malafide intention then what were your brother doing these 44 years,why he did not raise objection and took legal action for cancellation of Release deed .Now your brother is estopped to raise such objection.Your brother is not entitled to get share in the properties for which he has executed Release deed.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
21 November 2020

Very Well and Perfectly advised by Advocate Mr.Bhartesh Goyal. Maximum Time Limit to raise any Legal Objection with valid Legal Grounds would be 12 Years as per Limitation Act

Rajendra K Goyal Online (Expert)
21 November 2020

Agree with the advice from expert Advocate Bhartesh goyal in regard to objection from brother.

One more basic point, brother was not entitled for / owning any property at the time of executing the release deed, validity of release deed need to be analyzed.

kavksatyanarayanaOnline (Expert)
21 November 2020

Your brother already relinquished his rights over the properties. so he cannot claim a share in the properties.

P. Venu Online (Expert)
23 November 2020

Have the remaining siblings executed partition deed and if so, the situation of the elder brother having executed the release deed find mention among the recitals?

Has he demanded his share in writing or has he approached a Court of Law? If so, other than malafides, has he based his demands on any other ground?

Moreover, is there any schedule annexed to the release deed listing the properties from which the brother had relinquished his rights? Has your father/mother acquired any property subsequent to the execution of the release deed in 1976?

So also, the 'allotting and giving' of cash and jewels, along with their list, mentioned in the release deed?

perumalOnline (Querist)
23 November 2020

Yes, sir
1) the remaining siblings executed partition deed mentioning the release deed, and subsequently executed settlement deed to their sons and daughters.

2) sir, neither he demanded his share in writing nor approached court. He orally demanded like that.

3) No schedule has been annexed to the release deed mentioning the details of properties.But generally It has been mentioned that all movable and Immovable properties in the Deed. our father and mother had not acquired any properties after 1976.

4) allotting and giving of cash and jewels along with their list had not been mentioned in detail.


P. Venu Online (Expert)
23 November 2020

Yes, it is too late to disown the relinquishment deed on the basis of malafides.

perumalOnline (Querist)
24 November 2020

Sir, Very very thanks for all experts of LCI who offered their valuable suggestions and opinions with reference to Laws. It would be a valuable guidance to proceed further.

Once again I thanks for all.

Hence this may treated as resolved, sir.

Rajendra K Goyal Online (Expert)
24 November 2020

You are welcomed may revert if any subsequent question on the query.



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