Effect of Release Deed after the death of Releasee
RS Dudani
(Querist) 13 June 2010
This query is : Resolved
A property was owned by a lady who expired without a will, leaving behind four daughters and a son. All the daughters were married and well settled, as compared to the son, who was not well off. To help him, the four sisters executed Release Deed in favour of their brother and property passed on to him. The brother, in whose favour release deed was made also died. He left a will (unregistered) bequeathing that ground floor of the property should be transferred to his two daughters and first floor of the property should revert back to his four sisters, who had released the property. The wife, to whom no property was passed now does not even allow the four sisters to visit the House and is occupying the first floor also.
Can I have an expert opinion as to whether after the death of the Releasee, the Releasor can claim back the property since the Releasee has in whose favour release was made has expired and their original right in the property resurrects and the Release Deeds signed by them have become voidable after the death of the Releasee?
Adv Archana Deshmukh
(Expert) 13 June 2010
A Release deed does not become void or voidable after the death of the releasee, it continues to be binding upon the persons who signed the release deed.
Here, as the brother have bequeathed the 1st floor to the sisters by a WILL, the sisters can claim the 1st floor on the basis of the WILL.
Prakash Langalia
(Expert) 13 June 2010
the fact that the release deed duly executed by sisters, it can not be challenged simply without any legal ground.however,sisters can get the possession of first floor according to will. for that they have to get probate from the court and there after possession of the first floor through the court. according to my opinion after duly execution of the release deed it became final so releasor can not claim back the property. you may refer AIR 1936 PC 264.
bhagwat patil
(Expert) 14 June 2010
releasor cannot claim back. Release deed is an irrevesible act.
