Release deed

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
Sir / Madam,

In the year 1997 my Father purchased one vacant plot from X & another one from Y of size 1800 sqft each. Both X & Y are brothers and they have 5 other brothers and Sisters . X & Y received these plots from their Mother ‘Z’ on partition Mother Z received 30 kuli( A unit of measurement in Tamilnadu ) from her father by way of gift deed without the power to sell her property . Mother Z released her right to on this property for 14 Kuli for a consideration of Rs. 20,000 on two occasions and the deed was registered in Aug-91. For the balance 16 kulis release deed was not registered, however in the partition deed, Mother Z mentioned that on another 2 dates viz. Aug-91 & Sep-91 she had agreed to release her right on the entire property . The partition deed was registered in Dec-1991.
All the 7 sons and daughters of Z constructed house in their portioned plots.
My father expired in 2007. My Mother, Sister and me are the legal heirs for my father. When we tried to sell the property purchased by my father from X & Y , it was opine by the buyer that the balance 16 kulis should have been released by Z and got registered.
I seek your expert advise in this regard. What is the way out ?

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Raj Kumar Makkad (Expert) 08 January 2012
The buyer has properly opined. X & Y were promised for the balance of 16 Kulis but the same was not released in their favour so they are not its exclusive owners. After demise of Z, 16 kulis shall devolve in favour of all her legal heirs in equal shares including X & Y so they can sell the property only to that extent meaning therein their early share and share cam out of inheritance of Z.

prabhakar singh (Expert) 09 January 2012
It Is duty of buyer and buyer has correct understanding.

Deepak Nair (Expert) 09 January 2012
Yes. The buyer is right. You are rightly advised by the experts above.

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