LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Thirumalai Gautam   07 December 2020

Bond of release with money undiveded property

I got a bond of release from my Elder Brother registered form in an Undivided Property of my Grandfather.

With my Father as Witnesses. Now my Elder brother is threatening me to give me more share or else he will appeal that the Bond of release is invalid.

Bond of release contains his Sons and Daughter Signature also 

Is bond of release valid in an Undivided Property?



 11 Replies

Isaac Gabriel (Advocate)     08 December 2020

The is not with full details. Give details amd the title of property.

G.L.N. Prasad (Retired employee.)     08 December 2020

Contact local advocate and show him the contents.  If it is styled as partition/family settlement if may be valid.  Never give possession.  Let him go to Court and then defend.  

Thirumalai Gautam   08 December 2020

Sir GLN Prasad, 

My elder brother has given me bond of release of his share by getting a money from me , which we have done through Register office .So he is threatining me to give him more share or else he will go to the court that the bond of release signed by him is fake

Isaac Gabriel (Advocate)     09 December 2020

Perhaps you are mentioning the relinqishment deed given by your brother.Sonce it has been tegisteted, ha.cannot rescind from it.

Dr J C Vashista (Advocate)     09 December 2020

Incomplete facts can not lead to form an opinion and oblige.

It would be better to consult and engage a local prudent lawyer for analysing facts/ document, professional advise and necessary proceeding.

P. Venu (Advocate)     13 December 2020

What is bond release? It is proposition unknown to law.

Moreover, how is that you or your elder brother is having a right or share in the Grandfather's property? What is the relevance of your father as a witness?

The posting suggests deeper issues. Please post complete facts.

Thirumalai Gautam   13 December 2020

My Elder brother has a Share in my grandfather asset 

So he selled his share to my and given me a Bond of release document( Includes Money transcation and sign from his Sons - Daughters ).

My Father was a Witness Signature Member during this process

Now we are planning for a Family settlement, My Elder brother is claiming that the Bond / Registration is invalid.

He want the Equal share of me.

Is this Detail sufficient ? Please let me know if you need more details


P. Venu (Advocate)     13 December 2020

Please post facts, not riddles. 

It is pre-requisite for meaningful suggestion that material and complete facts be stated esp. as to how grandsons are having a right or share in the grandfather's property. Is the grandfather alive?

Thirumalai Gautam   13 December 2020

Dear Venu Sir,

My Grandfather is not alive.

My Father got expired last Month. The Land got registered to my Father name longback from my Grandfather.

Now Including my Mother ( 4 Siblings ) We have 5 Shares 

Were 1 share of my Elder brother was bought by me through government registered Form.( Bond of release from the property by getting paid the Valuevation of property, signed by him and his Sons - Daughter).

Now we are planning for a Family settlement,.where we needs his Sign for Partition But he is not signing and demanding more shares than he has. 

Is this sufficient



P. Venu (Advocate)     13 December 2020

The transaction (the so-called bond of release)  had been void. Admittedly, your father was alive when the deal took place and the land belonged to your father. Your brother had no right or share in the property which he could have relinquished or sold; all that he had was a prospective right to inherit or succeed in the intestate property of the father. Obviously such a right could not have formed the subject matter of a conveyance, in whichever form.

Now, consequent to the death of your father, the property is jointly vested with the children and the mother. The settlement deed need to be executed by all of them, including the elder brother. Propriety and morality requires that he should honour the earlier transaction and relinquish his share in your favour.

However, there are situations where law cannot enforce the requirement of morality. Unfortunately, to my knowledge, the instant issue falls in this category.

All that could be suggested is an amicable settlement.

Isaac Gabriel (Advocate)     13 December 2020

Your brother has sold his share as per your statement.Show the same to.local lawyet for its validity as per law and then partitiion deed could be done by the rest .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register