Cancellation of release deed - one sibling not aware of it.


Hello Sir,

 

We are three siblings - we have property in my fathers name who passed away long back without making any will or division of property, also my mother passed away recently.

 

My two siblings have registered the property among themselves as Releaser and releasee... without any intimation to us(presented both my parents death certificates as proof at registrar office). Please let us know how to get this registration cancelled - as we already have partition suit pending in court but not sure how they were able to get the property registered (on 9 April 2021). Is there any way i could get the registration cancelled immediately(Is something like that possible to cancel within 45 days??).

 

Also they are planning to sell the property to third party - is immediate injunction possible to stop further property selling and to stop any further registrations until the court gives its order.

 

Thanks for your Response!!

 
Reply   
 
Advocate

your query seems repeated .

 
Reply   
 


Retired Manager

Through your Lawyer see that the information of your brothers getting the disputed property registered in their name and their attempts to sell the property is placed before the Court where the suit is pending,  seeking an order preventing the other two brothers from dealing with the property and to cancel the registration.

Report the matter to the higher authorities of the Registrar who registered without proper proof and/or back documents of the property giving full details of the Court Case etc. seeking the registration to be canceled officially duly informing such higher authorities that you have already filed a case in the Court seeking cancellation of the registration, as a suit is already pending on the said property.


Total likes : 1 times

 
Reply   
 
Advocate

The simple remedy is in filing a partition suit.. It is for the defendants come up with the facts. 


Total likes : 1 times

 
Reply   
 
Advocate Solicitor & Consultant

In case the other party has got registered the disputed property in their name without considering you as party and during pendency of the partition suit of the property you pl ask your lawyer to inform the court immediately about it as lis-pendent they can not get it registered /transferred in their sole name. Also inform the DIG Registry about the same with a request to immediately cancel the registration.


Total likes : 1 times

 
Reply   
 
Lawyer

You have already stated to have filed a suit for partition, where other siblings shall submit their written statement (reply to the plaint) annexing relevant documents or reveal any other fact such as release / relinquish deed executed by one sibling in favour of other.

Your lawyer is an able, competent, intelligent enough and duty bound to satisfy your doubts / queries since s/he is well aware about the facts of the case and engaged / paid for the purpose.

However, if you are not satisfied with the performance of your lawyer change him/ her immediately.

If you want to have second opinion, it is better to consult and engage another local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding.


Total likes : 1 times

 
Reply   
 

Thanks for reply sir. My lawyer says currently court on vacation till 3 Jun and not possible to apply for interim injunction or I.A at jr. Civil judge's court, godavari khani telangana where we actually filed the main case suit which is pending as written statement. 

Is it possible to apply interim injunction from high court directly or it should be only from the court where actual case is pending.

Attached case. No. Screenshot for reference.

 

Thank you sir for your help!!

 

 

 
Reply   
 
Advocate

You do not have to gt the registration cancelled, it is not binding on you.

Since you have already file a suit for partition you may concentrate on it  properly and conduct the case  without any lapse from your side.

If you apprehend your siblings to sell or alienate the property in any manner, you may file an application under order 39 rule 1 and 2 seeking injunction restraining the defendants from alienating or encumbering the property in any manner till the disposal of the main suit. 

You cannot file the IA for interim injunction at high court.

Even though the courts are on vacation, the vacation court would be functioning, hence you may ask your advocate to file an online emergent petition for interim injunction before the vacation court. 


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x