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Ketan   23 November 2023

mis take in affidavit attached to releasedeed

Can affidavit made and attached with releasedeed has one small error.relasors do not want our 1/3 share held by deceased .word of is missing .it is registered.in releasedeed it is mentioned correctley.is it require correction by new affidavit.Please advice.


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 5 Replies

Sanskriti Tiwari   23 November 2023

An affidavit attached to a release deed that contains a small error, such as missing the word "of" in a crucial context regarding the deceased's share, can indeed lead to potential ambiguity or misunderstanding in legal documents. However, if the release deed itself correctly mentions the share held by the deceased, it might mitigate the issue to some extent.

The discrepancy between the affidavit and the release deed could potentially create confusion or legal complications if not rectified. To ensure clarity and accuracy in the legal documentation, it's advisable to consider rectifying the error by drafting a new affidavit with the corrected information.

While the release deed accurately denotes the deceased's share, the discrepancy in the attached affidavit might lead to questions or uncertainties during legal proceedings or property transactions. Even if the release deed is correct, having aligned documentation strengthens the legal certainty and prevents any future disputes or misinterpretations.

Consulting with a legal professional specialized in property law or deeds would be prudent in this situation. They can provide specific guidance tailored to the legal requirements in your jurisdiction and the potential implications of the error. If deemed necessary, they can help draft a new affidavit to rectify the error and ensure consistency between the documents.

 

Ketan   23 November 2023

thank you.but my advocate says that release deed is mentioning share correctley snd intent of releasors is clear than no need to make new affidavit.

Dr. J C Vashista (Advocate )     23 November 2023

A release deed need not be supported by any affidavit.

What is the discrepancy found in the contents of RD with respect to contents of AFFIDAVIT, is not understood ? 

Show the documents to another local prudent lawyer (if you are not satisfied with the opinion of your lawyer) for appreciation of facts and professional advise.

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

It is strange that an affidavit has been attached to the registered erelease deed.

There is no provision making it mandatory to attah any affidavit to the registered release deed. 

It might have been obtained as an additional confirmation or as an abundant precaution, hence this cannot be considered as a lapse, especially when the registered release deed has been correctly worded and all the neceesaary ingredients have been properly complied/ included. 

It is neither ambiguous nor discriminatory 

Sanskriti Tiwari   23 November 2023

If the release deed accurately represents the shares and the intentions of the releasors without ambiguity, your advocate might be suggesting that creating a new affidavit might not be necessary. The key aspect here is clarity and alignment between the intent expressed in the release deed and any supporting documents.

However, despite the release deed being accurate, ensuring consistency across all associated documents can further solidify the legal standing and prevent potential misunderstandings in the future. Double-checking with your advocate to confirm that the absence of a new affidavit won't cause any complications or uncertainties down the line might be a wise step.

Legal advice often considers various perspectives and potential future implications. If your advocate is confident that the release deed is clear and represents the intended shares accurately, it might suffice without a new affidavit. Yet, it's essential to make this decision based on comprehensive legal understanding and to ensure all documents align correctly with the releasors' intentions to avoid any future disputes or misunderstandings.


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