disputed relese deed?
Querist :
Anonymous
(Querist) 09 April 2010
This query is : Resolved
My father had 14 R of self earned NA plot and other properties.One of our brother misused fathers stay at his home and managed to get a release deed of 2R in this property in his name.He taken our a major road front portion by thia deed.The deed was done when father was 83,he was blind and disabled.This was done without ant information to my mother,sisters,other brothers.We came to know about this when we started puttinu our names after our mothers death.this relesed deed was registered in 2004 by paying a stamp duty but without any monetary consideration.
No other property of father is divided.
What can we do?
Guest
(Expert) 09 April 2010
As the property is self-acquired, you cannot raise dispute on release deed executed in your brother's favour. Since you have mentioned that your Father was blind at the time of execution of the said deed, go through the deed as to whether this fact was recorded in the recitals of the document that the executant is blind and the contents was explained to him. If there is no such recital exists, you may seek court's direction to set-aside the release deed's registration.
R.R. KRISHNAA
(Expert) 09 April 2010
The release deed has been clearly executed under suspicious circumstances as per the facts given by you. You can challenge the release deed by filing a suit for declaration that the deed is invalid and obtained by fraud before the civil court.
bhagwat patil
(Expert) 10 April 2010
ow much time it will take release deed cancelled in civil court? and for excucation of decree of possession?
Raj Kumar Makkad
(Expert) 10 April 2010
Patil ji! It is very difficult to prove the suspicious circumstances in the given case but even if you start legal battle then it may take at least3-4 years in lower civil court to decide the matter and party losing its case therein shall have also an opportunity to file appeal against the impugned order and 2-3 years may take therein and so on.
I suggest you to join your whole family and while getting partition of the rest of the properties of your father, reduce his share equivalent to already held by him by way of release-deed. prepare a family settlement with his acceptance and it a decree of court. It shall end your problem for ever,
Querist :
Anonymous
(Querist) 10 April 2010
that is wht i want d to do.......As his name is appearing on other part of the property,he is not allowing us to sell any other property,but trying to sell his 2R at handsome price of 85 lacs.I want to put the matter in court for years,so that he bow down to other family.
Querist :
Anonymous
(Querist) 10 April 2010
that is wht i want d to do.......As his name is appearing on other part of the property,he is not allowing us to sell any other property,but trying to sell his 2R at handsome price of 85 lacs.I want to put the matter in court for years,so that he bow down to other family.
