Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Meenakshi Vijayanand (Advocate / Law Firm)     24 June 2009

cancellation of release deed


Whether a release deed (executed for consideration) can be cancelled  without the knowledge of the releasee (where he is in possession of the property, all public records viz., patta, property tax, water tax stand in his name) ?  


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 June 2009

no it cannot be done.

1 Like

Deepak Jain, Hisar (Practicing Lawyer)     27 June 2009

Sorry madam, but to my knowlege No Release deed is valid if it was executed against some Consideration. Because existance of Consideration it become Sale Deed and rights can not be rleinquished against consideration. please reconsider the Nature of Document and then it can be challanged on some other ground depend upon facts but can not be cancelled by registering cancellation deed.

Meenakshi Vijayanand (Advocate / Law Firm)     27 June 2009

Dear Mr.Deepak,

Release deed(between family members) can also be executed for consideration, in turn only the settlement deed(between family members) cannot be executed for consideration.

X & Y (mother and daughter / co-owners of a property) executed a release deed for consideration to and in favour of Z. Z is in possession and all public records stand in the name of Z.

6 months later X & Y cancelled  the release deed by executing a cancellation deed without the knowledge of  Z.

Now, X executes a settlement deed to and in favour of Y, settling her 1/2 undivided share in the property.

In these circumstances, please let me know whether the transactions subsequent to the execution of the release deed are valid or not.

Whether Z can claim absolute right over the property. 

AJAY SRIVASTVA (partner)     04 October 2011

my sister widowed in 2006 their in laws made a family settlement with her for  a consideration of amount,now she want to cancell that,because of low consideration & mental stability  , can she cancel the settlement ,she have two minor sons?

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