Will & during partition done 1st son was major his rights?
navin
(Querist) 20 August 2013
This query is : Resolved
my father inherited a property through a will of his grand father.one of my uncle gave dad 1 lac & got a release deed done on his favour & transfered the property on his name.at this time my brother was a major 18 yrs.
1.my question is can we cancel this release deed & recover our property back?
2.can my brother have rights in this property as being major his sign was not taken during release deed.
Raj Kumar Makkad
(Expert) 20 August 2013
As the property was obtained by your father through a will from his grand father so the property was self acquired in the hands of your father and he was free to dispose off it to that property as per his whims and wishes but the procedure of release deed is illegal as your uncle was not a co-sharer in that property and only a charer can relinquish his property in favour of another.
The signature of your brother were not required.
navin
(Querist) 20 August 2013
thank u sir,
navin
(Querist) 20 August 2013
sir ,sorry it was a partiition deed
Raj Kumar Makkad
(Expert) 24 August 2013
Even if the same was partition deed, nothing material is going to change.
