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Sunil Reddy (business)     16 August 2024

Release deed given to father. does it also cover the inherited property from grandfather?

Dear Legal Experts,

This property dispute concerns a release deed between Daughter D1, her Father F, and her Grandfather G.

Father F is the son of Grandfather G. F married W1 in 1960 and had a daughter, D1. Without divorcing W1, F married W2 and had two sons, S1 and S2, and a daughter, D2. In 1970, F purchased a property of 5 acres. In 1972, Father F and Grandfather G jointly purchased 6 acres. Grandfather G had previously purchased 3 acres in 1950 and inherited approximately 4 acres of ancestral property, making a total of 10 acres in Grandfather G’s name (7 acres of ancestral + 3 acres from the joint purchase).

When D1 reached marriageable age, she approached her father, F, for marriage expenses, having lived with her mother until then. Taking advantage of her financial situation, F obtained a blanket release deed from D1 in 1975. The deed, executed in Book IV without specifying any property details, included the following statement: “...because you (Father F) think that I might one day claim a share in your property, or that I might do so after your lifetime, I have today received the sum of Rs. 1,000 from you for my wedding expenses. In consideration of this, I hereby declare that I have no rights over any of your movable or immovable properties from this day forward.”

Grandfather G passed away in 1980, and Father F inherited G's properties using the death certificate and legal heir certificate, transferring the patta to F's name. Father F died intestate in 2016, and all properties are now held by the children from the second wife, W2. The properties remain in F's name to date.

  1. D1 relinquished her share to her Father F in 1975 before the death of her Grandfather G in 1980. Is her release deed also effective for her Grandfather’s property when she signed the deed?
  2. Does D1 have any rights to claim a portion of her Grandfather’s property that her father inherited
  3. Can D1 challenge the release deed, considering that it was not justifiable in value for her father’s property and was signed under financial pressure just one month before her wedding?
  4. Are there any other legal remedies available for D1, who is currently in financial distress

 

 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     16 August 2024

The properties on the name of grandfather becomes his own and self acquired properties hence upon his instestate death it automatically devolved on his sole legal heir t\i.e., the father.

Now upon the intestate death of her father all the children are legal heirs/successors in interst to succeed to the estates of their father's properties which will include the first wife too. 

Since second marriage is void as it was contracted during the subsistence of the first marriage, the seond wife may not have any rights over her husband's properties. Howevr the children born out of second marriage have equal rights at par with the legal heirs of the first marriage. 

The so called release deed withiout any descripttion about the properties in it is not valid and cannot be considered as her relinquishment of her rights in her father's property.

The father's duty is to spend for his daughter's marriage hence he cannot get it written as compenstion paid towards the properties.

Besides as the father had not made any arrangement towards all his properties it can be termed as intestate succession by which the dauther of first marriage and first wife(if not divorce and still living) can very well claim equal rights in the properties left behind by father F

Sunil Reddy (business)     16 August 2024

Dear senior counsel, thank you for your clarification. The children from the second wife are politically and financially strong, and they are preventing D1 from entering the property due to her release deed. W1 passed away in 1989, and W2 is still alive.

Sir, I have not fully understood if D1's release deed is also applicable to her grandfather's property. When she signed the release deed to her father in 1975, her grandfather was in possession of around 10 acres of land. This land was later transferred to her father after the demise of her grandfather 1980s. I would like to know how the law views her release deed in relation to her grandfather's property who died after she executed the release deed. D1 says she is comfortable with getting only share of the grandfather's property if it is not covered by her release deed and let her share on release deed to the father to the children of W2. The share from her grandfather is sufficient for her livelihood of the widow.

T. Kalaiselvan, Advocate (Advocate)     16 August 2024

The local issues namely the other parties have political influence, have to be dealt with accordingly on the basis of the prevailing circumstances.

The release deed executed by her is not for any particular property but it was general and even if it was presumed that her father obtained a release deed, it would be valid only till his lifetime because he has not made any arrangement for his properties on the basis of the release deed. during his lifetime 

For all further issues you may consult an experienced lawyer in person and take suggestions to handle the practical issues as per law 

 

Sunil Reddy (business)     21 August 2024

Got it sir. But it is not clear to me if the release deed also covers the property in the name of the grandfather when the release deed was signed. Technically is it possible or only cover the property in the name of the father when it was signed?

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

If the release deed was executed without mentioning the property to which the releaser is relinquishing his/her rights then it can be considered as void and not enforceable in the absence of the details of the property.

 

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