Is release deed after preliminary decree is valid
Querist :
Anonymous
(Querist) 03 February 2024
This query is : Resolved
A preliminary decree for family partition suit for agricultural land was passed between 5 brothers. Plaintiff and D1 are sailing together
D2,D3,D4 are against partition. After preliminary decree is passed, D2,D3,D4 went for appeal in higher court. Appeal was dismissed for default then Plaintiff legal heirs entered in to an Release deed with consideration with D2,D3, D4 and plaintiff was witness to the release deed. Plaintiff died recently. D1 died and his LRs have applied for final decree proceedings and final decree proceedings is in progress.
D2,D3,D4 have now revoked the appeal suit exparte and contesting the preliminary decree. Appealnts are hiding the fact about the release deed. The recitals of release deed clearly says the plaintiff is entitled to 1/5 th share in suit according to preliminary decree and the land which is joint family ancestral property which LRs of plaintiff is releasing through this release deed for consideration. Question is,
1. Is the release deed with plaintiff LRs is valid? When plaintiff is not party but witness? plaintiff died recently.
2. If Release deed is valid,Appealants will be estopped from filing an appeal?
3. If not valid, wat is the option for plaintiff LRs to contest the release deed. Release deed was made in 2015.
kavksatyanarayana
(Expert) 03 February 2024
The released deed shall be executed by the Plaintiff and D1 also, then only the release deed is valid. However, final decree proceedings are pending, wait till the final decree orders. After final decree orders are passed you may consult a local advocate in the matter.
T. Kalaiselvan, Advocate
(Expert) 09 February 2024
It is not known that with whom the plaintiff's LRs entered into a release deed?
If it was done during the lifetime of the plaintiff then why should he sign it as a witness?
If the defendants have filed the appeal even before this release deed, then it will be contested in the original form, therefore there is no suppression of the fact of the release deed executed subsequently.
Without scrutinising the papers relevant to the subject no further opinion can be rendered.
