Akshay (manager) 20 May 2012

Want to cancel release deed

There is a property in the Name of 3 people ( A, B & C ) . A & B are brothers & C is their mother.

3 of them had equal share in this property. Two years back A & B had did Registered released deed from C, wherein C had released her share equally among A & B without any consideration.

Now C who is mother of A & B is asking for her share. She is 80 years old & she saying that A & B had not given any clue about released deed & asked her to sign on that deed. Hence now she had asked to cancel the deed. A is agreed to cancel the deed & ready to give C’s share to her. But B is not agreed. As the deed is signed by 3 of them & to cancel that all 3 should be ready.

In this scenario

1) Can she get her share ? How ?

2) Since B is not ready & if C goes in court , how long it will take ( as she is above 80 years old )

3) Please suggest any other possible faster way to get her shares back

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 May 2012

Dear Akshay,

When a relinquishment deed or any document for that matter, is registered there arises a presumption as to it's correctness and genuinity. It would be hard to assail that reliquishment deed - but it can be done by filing a suit for declaration/cancellation as to invalidity of that registration deed, as the same was vitiated by undue influence on mother, she was in advanced years, with no independant advise and did that without understanding of it's implications, in such cases the burden of proof would be on brother to prove that mother did understand everything correctly and there was no undue influence i.e reposing and betrayal of confidence to obtain unfair advantage.

Feel free to discuss !

Regards,

Bharat

Akshay (manager) 20 May 2012

Thanks Sir !

Just wanted to know if this matter goes in court , & the mother is too assertive on geeting her shares back .

aprox how long , months / years would take to get desire results .

is there any law provison wherin senior citizen claims get faster results than usual lenghty process .

JANAK RAJ VATSA (ADVOCATE) 20 May 2012

you can make submission in the court accordingly and it is upto the court to consider and decide.

Sanjeev Dudhat (Lawyer) 21 May 2012

Besides the ground undue influence, you can challange the release deed with different a perspective. If the release deed is given without any consideration then such an agreement, deed or contract is no value and legally untenable.Itscontract/agreement without consideration. Even in a gift deed the consideration is love and effection.This factor has to be pleaded and challanged along with the finanacial insecurity of the mother who realsed her rights without any security provision.