Hi,
Whether a release deed (executed for consideration) can be cancelled without the knowledge of the releasee (where he is in possession of the property, all public records viz., patta, property tax, water tax stand in his name) ?
Meenakshi Vijayanand (Advocate / Law Firm) 24 June 2009
Hi,
Whether a release deed (executed for consideration) can be cancelled without the knowledge of the releasee (where he is in possession of the property, all public records viz., patta, property tax, water tax stand in his name) ?
adv. rajeev ( rajoo ) (practicing advocate) 24 June 2009
no it cannot be done.
Deepak Jain, Hisar (Practicing Lawyer) 27 June 2009
Sorry madam, but to my knowlege No Release deed is valid if it was executed against some Consideration. Because existance of Consideration it become Sale Deed and rights can not be rleinquished against consideration. please reconsider the Nature of Document and then it can be challanged on some other ground depend upon facts but can not be cancelled by registering cancellation deed.
Meenakshi Vijayanand (Advocate / Law Firm) 27 June 2009
Dear Mr.Deepak,
Release deed(between family members) can also be executed for consideration, in turn only the settlement deed(between family members) cannot be executed for consideration.
X & Y (mother and daughter / co-owners of a property) executed a release deed for consideration to and in favour of Z. Z is in possession and all public records stand in the name of Z.
6 months later X & Y cancelled the release deed by executing a cancellation deed without the knowledge of Z.
Now, X executes a settlement deed to and in favour of Y, settling her 1/2 undivided share in the property.
In these circumstances, please let me know whether the transactions subsequent to the execution of the release deed are valid or not.
Whether Z can claim absolute right over the property.
AJAY SRIVASTVA (partner) 04 October 2011
my sister widowed in 2006 their in laws made a family settlement with her for a consideration of amount,now she want to cancell that,because of low consideration & mental stability , can she cancel the settlement ,she have two minor sons?