venkat pandurangam (Director) 30 June 2013

Release ded

My niece got married and purchased two property in the joint names for which she had contributted substantially

of which one property was sold ( the sale procceds hav ebeen takenb away by her husband)and another property house was constructed

her husband had convinently asked to sign the release deed for the house property staitng he will diverse if not signed

to avoind the harasement she had signed the release deed and after one month her husband had sent in diverse notice after she had gome to her parents house with two kids and never let her in the house

i have aksed her to obtain a stay of the relese deed which was granted by the honourable judge

can this release deed made null void as it was fraudently carried out

God bless you

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 30 June 2013

Is the release deed registered ? If so, then if she can 'prove' that the deed was made to be signed by her by some fraud or coercion on the part of her husband then only it can be cancelled thru court.

venkat pandurangam (Director) 30 June 2013

Thanks a lot for the information

yes it is registered at register office

Thanks once again fr the information and i will inform her to persue the matter in the court

god bless you

Adv. Chandrasekhar (Advocate) 30 June 2013

As the hon'ble judge granted stay against release deed, ensure that stay order is served on the Sub-registrar's office to be kept in the concerned file so that property shall not be disposed off by the husband as sole and absolute owner. Once stay is granted, at the end of adjudication, if the court satisfies, cancel the release deed obtained by coercision and reinstate her as co-owner. In respect of first property, clear case of dowry receipt and harassment by the husband is clearly visible, if she is interested, can pursue them in criminal court.