(Guest)

Release deed

My brother had sent his power attorney to my father to buy a property in India while he was in UK. My father added his name too without my brother's knowledge in the agreement. My brother has paid 100% money towards the purchase. He had initially took 80% loan to make sure that property is legal and bank will take care of all legal documents regarding the property. He has proof of the same. Now my father died due to heart attack and brother came to India. He noticed that his home has our father's name instead of his name so he checked agreement and come to know that father added all this so that my brother's future wife cannot kick them out. Now my brother wants me, my sister and mom to sign release deed. Can he claim 100% share on this property without release deed as he was not in the country and has paid 100% money. Can release did be challenged by my brother-in-law to harass us by blackmailing our sister?

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 April 2014

There is a possibility to claim on the property before signing on release deed. Property owner is dead. therefore legal heir certificate to be obtained.

Adv Archana Deshmukh (Practicing Advocate) 18 April 2014

The release deed cannot be challanged by your brother in law. You, your mother and sister can execute a release deed in favor of your brother so that he will become 100% owner of the property. Otherwise he will have to go to the court and prove that the POA was misused by your father by adding his name.

(Guest)

Thank you experts for quick reply. My brother-in-law is threatening and says he will go to police and say his wife was emotionally blackmailed to sign release deed. Is it possible to obtain property deed using RTI or RTI is limited only to public servants?

(Guest)

What if one of the sibling demands money to settle release deed? Can my brother go to the court and claim that property belongs to him only and father misused his POA? Meantime can my sister and brother in law occupy the said property even though brother owns majority of the stake?