whether Release deed is valid based on settlement deed
GOPI KRISHNA
(Querist) 26 February 2009
This query is : Resolved
A executed a settlement deed in the year 1953, his self acquired property to his wife as life interest, thereafter the property shall be enjoyed by his daughter during her life time as life interest and after the death of daughter the property will be passed on to her children i.e A's grand children who will have absolute power to dispose the property. the Settlor A died in the year 1980.
in the year 1981 A's wife and daughter who have only life interest along with two grand children have executed a release deed in favour of other grand son in respect of property shown in settlement deed.
the releasee/other grand son has constructed an apartment in the year 1988 now wants to sell the apartment
my question is whether execution of above referred release deed is valid and whether an apartment can be bought based on the above deeds.
sanjeev murthy desai
(Expert) 26 February 2009
Dear Gopi Krishna,
All grand children of A have the equal right in the property which they acquire under settlement deed.
pleas veirfy the said release deed having the sign of all the grand children along with wife and daughter as the parties then it is valid otherwise not.
sanjeev desai
GOPI KRISHNA
(Querist) 27 February 2009
Thanks for prompt reply
the Settlor's daughter has only three sons and the property released in favour of one son, and all the 5 parties i.e Settlors wife, Settlors daughter and her 3 children have signed the release deed.
further Settlors wife and Settlors daughter are no more and dead.
kindly give your comment in details
arunprakaash.m.
(Expert) 27 February 2009
release deed should be regitered.
A. A. JOSE
(Expert) 27 February 2009
I agree with Mr.Sajeev Desai.
Kamlesh soni
(Expert) 27 February 2009
I agree with Mr. Sanjeev
PALNITKAR V.V.
(Expert) 04 March 2009
The deeds of settlement and release deeds must be registered only then they would be valid.
Ashey
(Expert) 03 April 2009
Release deed is not vaild .. coz Release deed can be executed only when the person in favour of whom it is executed has also got a right in the property ...
Ashey
(Expert) 03 April 2009
First A's daughter has to surrender her life estate in favour of her children ...
Ashey
(Expert) 03 April 2009
after that there is no bar for A's Daughter's heirs to executed release deed in favor of one of them or any other deed in favour of any other
