Before the presiding officer, maintenance tribunal cum SDM
jagjit singh
(Querist) 30 January 2018
This query is : Resolved
MY PARENTS FILE A CASE FOR CANCELATION OF RELEASE DEED . THE RELEASE DEED WAS REGISTED IN PRESENSE OF THESILDAR WITH PHOTOS OF MY MOTHER AND FATHER . THEY ARE LIVING WITH ME AND DAILY TRY TO FIGHT WITH US AND TRY TO FILE OTHER CASES. I HAVE RANUVTE COMPLETE BUILDING AND TAKEN RANUVATION LOAN . IT IS SHOP CUM HOUSE . AND THEY ARE TRY TO DISTRUBE MY BUSINESS. NOW PLEASE SUGGEST ME WHAT I HAVE TO DO . I HAVE ONLY TWO DAUGHTER AND BY DOING THIS THEY ARE TRY THROUGH ME AND MY FAMILY ON ROAD. COURT CAN CANCEL RELEASE DEED ?
Vijay Raj Mahajan
(Expert) 30 January 2018
Court can cancel release deed if it find your acts of cruelty/domestic violence proved towards your parents and by taking their property in your ownership and possession you are not providing them regular maintenance and committing acts of domestic violence against them.
Provide to the court all the documents you got for the maintenance of the property in question and maintenance for your aged parents including their medical expenses etc. This will show your honesty and good self to court in your defense.
Compromise is best solution for such matters, go for it with your parents.
Kumar Doab
(Expert) 31 January 2018
Is there any benefit clause inserted in said Release Deed, for parents?
Even if any benefit clause is not inserted in said Release Deed, parents may succeed to take back the property from children………..if the children don’t maintain the parents and/or disturb their peaceful living.
Go thru:
http://www.lawyersclubindia.com/articles/Now-Property-Transfer-Deed-by-Senior-Citizen-Parent-to-negligent-children-can-be-revoked-even-if-there-is-NO-recital-of-Welfare-Clause-in-the-Transfer-deed--8521.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup
Kumar Doab
(Expert) 31 January 2018
Prefer amicable settlement and be patient with parents in their sunset years of life..
They have allowed running your business in premises that was Thiers and allowed loan on IT….
This in itself speaks a lot!
Rest is evidences, circumstances and the manner dispute is resolved outside the O/o Authority, courts or inside by the O/o Authority, courts..
