Release deed
karthick
(Querist) 24 May 2012
This query is : Resolved
sister executed a release deed in favor of his brother then subsequently she was unilaterally cancelled the release deed, i filed a suit for declaration that cancellation of release deed is void not binding upon the plaintiffs, now i need authorities in this aspect
respected experts if you have any judgment in this aspect please give me
Anirudh
(Expert) 24 May 2012
When was the release deed given?
Whether the said release deed was registered?
V R SHROFF
(Expert) 24 May 2012
if Registered, she cannot claim by misrepresentation or force.
Adv.R.P.Chugh
(Expert) 24 May 2012
If the release deed was unregistered. It is of no avail as it is.
If it was registered - then it cannot be unilaterally cancelled by executing a cancellation deed. It can be cancelled by a cancellation deed (registered) only when both parties agree to the cancellation.
Otherwise unilaterally cancellation is possible only on proof of certain grounds which render the release/contract void or voidable or terminable at the option of releasor, and on proof thereof.
You don't need no authorities. The law is clear.
Adv.R.P.Chugh
(Expert) 24 May 2012
I differ with Respected Ld.Shroff Ji when he says that if the release deed was registered - rescission or cancellation of the same cannot be sought on grounds of misrepresentation or force. Registration, though indeniably raises a presumption of due execution - carries no such magical charm. Registered documents can similarly be assailed on grounds such as fraud, misrepresentation, undue influence or coercion. The fact that the document is registered merely means that it was executed. Whether the execution was vitiated can still be mooted in the courts.
Harshada Shukl Kulkarni
(Expert) 24 May 2012
I support the advice of Adv. Bharat. If the Release Deed is duly registered then the same cannot be cancelled unilaterally.
V R SHROFF
(Expert) 25 May 2012
Agree with Mr. Bharat., HOWEVER, ALL REGD DEED CAN BE CHALLENGED.
If relesee acted upon, created any third party right/ interest: It is very difficult/ almost impossible to get repossession.
Very Difficult to convince court, for the right created in rem.
R.K Nanda
(Expert) 25 May 2012
No more to add.
ajay sethi
(Expert) 25 May 2012
the querist has not bothered to reply to queries raised by experts
Suhail A.Siddiqui
(Expert) 25 May 2012
Probably your release deed is not registered, so he is taking such defense.
Shonee Kapoor
(Expert) 31 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
