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Theja M   07 April 2021

My grandmother signed a release deed releasing her rights of her inheritance to her brothers for a consideration. now the cheques tgat were mentioned in the deed got dishonoured. can she file for cancellation of release deed

My grandmother signed a release deed releasing her rights of her inheritance to her brothers. Now the cheques that were mentioned in the deed got dishonoured. Can she file for cancellation of release deed


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 3 Replies

Dr J C Vashista (Advocate)     07 April 2021

She has both the options, viz; can proceed to cancel the RD and / or file a case under the provisions of section 138 / 142 of the Negotiable Instruments Act, 1881 

G.L.N. Prasad (Retired employee.)     07 April 2021

Priority is for filing a case for dishonoring of cheque, by issuing legal notice and initiating proceedings within time frame.  Immediately contact a local advocate and issue such notice to the brothers of your grandmother.  This verdict helps in the cancellation of the sale deed at a later stage.

Sanjay Narayandas (Advocate)     07 April 2021

Dear Theja M,
I completely agree with G.L.N. Prasad sir, please first file the cheque petiton and then you can use that to get the gift deed cancelled as well

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