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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If your grandmother signed a release deed for her inheritance rights in exchange for cheques that later bounced, she has legal recourse. She can pursue cancellation of the release deed and also file a case under the Negotiable Instruments Act for the dishonoured cheques. It's advisable to act quickly by contacting a local advocate to issue a legal notice to her brothers.

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.

(Guest)

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