Farmer (Confidential) 27 October 2025

Release deed

Hello Subject Matter Experts(Legal) :

Father expired 2022 and mother expired in 2024 (sept)

A (Daughter), B(Daughter), C (Son) and D (son-converted to islam in 2011) took central govt job of father.

Having two propertys -160 yards (property-1), released in favour of C and 50 yards (property-2) still in the father name. No WILL nothing by Father & Mother.

A (daughter),B (daughter), MOTHER released the property-1 in the name of C in Feb,2013.

Question-1: D(son) who got converted to islam left home in the year 2011, now in the year 2025 filed petition for property i did not release my share i want my share in both property.

Now The B-daughter, had previously relinquished(Release Deed) her claim to Property-1, but is now seeking a share in it, despite having benefited from her father's support, including a dowry of 3.5 lakhs and a grand marriage in 2008. In 2025, she filed a petition claiming the release was made under coercion or without her knowledge, stating the property was registered in the name of C, her brother, who managed the family's affairs.

Question-2 : Once Release the property-1, which was released by B (daughter) can be revocaked in 2025. (Release Deed)

Thanking you
Best Regards.

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7 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 27 October 2025

1. D who converted to Islam remains a legal heir of both father and mother, he can legally claim his share in both properties unless he executed registered release or gift deed.

2. A release deed once executed is complete and irrevocable. The releasor looses all rights permanently. It can be cancelled only if proved in court that it was obtained by fraud or coercion.

3. The release deed become time barred under limitations law.

Farmer (Confidential) 27 October 2025

Thank you Dr Shiva Kumar Sir.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (A

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=238657&message=MESSAGE%20MODIFIED

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 27 October 2025

1. Welcome please.

kavksatyanarayana (subregistrar/supdt.(retired)) 27 October 2025

You stated that the properties are in the name of your father. Hence, during the life of your father, no one has the right over the properties, and the question of release does not arise. So the query is a false one?

T. Kalaiselvan, Advocate (Advocate) 28 October 2025

Basically the property belonged to the father, hence the children do not have any rights in the property during the lifetime of the father, therefore the release deed executed in the year 2013, when the father was still living is not legally recognised because there was no rights to property when the release deed was executed in favor of C. Besides C cannot become the owner of the property when the owner of the property i.e., the father was still alive and had not transferred his property in favor of C.

Therefore the release deed executed in the year 2013, i.e., during the lifetime of the father is not valid and as the father has not made any Will, the entire property on the name of the father upon his intestate death, shall devolve on his class I legal heirs, therefore the claim made by the daughter and another daughter for a share in the property is maintainable and very well valid as per law.

Dr. J C Vashista (Advocate ) 28 October 2025

Modified version of same story, which has already been replied at https://www.lawyersclubindia.com/experts/can-a-muslim-have-right-in-hindu-property--764881.asp