Release deed valid or not?
rakshit khanduri
(Querist) 26 July 2012
This query is : Resolved
we had been thinking that the house we have been living for years now was in name of my grandmother purchased by my grandfather late in 1950's. Grandfather had a son from first wife(my step uncle)and two children from second wife(my dad as one of them). Grandfather died in 1999 intestate.Grandmother died in 2010 intestate.Now the man from first wife (step uncle) has filed a case against my father asking for his 1/3rd share in the property. He has produced a paper in court which shows that my grandmother had released the property to my grandfather in 1974 to which (my step uncle)was a witness himself and that the release was registered..But my father clearly remembers that in 1984,my grandmother had signed all papers/formalities in order to construct a house on that plot..Also after my grandmothers death,bill for house tax is coming on my grandmothers name only. I want to know- In case a woman on who's name a plot has been purchased releases the land to her spouse,does the title not transfer to the spouse? how can the house tax be on my grandmother's name if the release was registered? If the property had been released on his name,Why was my grandfather not authorized to sign in 1984,when we wanted to start construction and why my grandmother signed that time?
Anirudh
(Expert) 26 July 2012
First and foremost check up the correctness of the paper produced by your step uncle, by visiting the Sub-Registrar's office.
Secondly, if the property was in your grand mother's name, she can only make a Registered GIFT to transfer the property from her name to your grandfather's name and she could not have given any RELEASE.
(The house tax being paid in your grand mother's name is not a big issue - that happens because proper mutation of name of the new owner might not have taken place in the municipal records.)
