LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Theja M   07 April 2021

My grandmother signed a release deed releasing her rights of her inheritance to her brothers for a consideration. now the cheques tgat were mentioned in the deed got dishonoured. can she file for cancellation of release deed

My grandmother signed a release deed releasing her rights of her inheritance to her brothers. Now the cheques that were mentioned in the deed got dishonoured. Can she file for cancellation of release deed


Learning

 3 Replies

Dr J C Vashista (Advocate)     07 April 2021

She has both the options, viz; can proceed to cancel the RD and / or file a case under the provisions of section 138 / 142 of the Negotiable Instruments Act, 1881 

G.L.N. Prasad (Retired employee.)     07 April 2021

Priority is for filing a case for dishonoring of cheque, by issuing legal notice and initiating proceedings within time frame.  Immediately contact a local advocate and issue such notice to the brothers of your grandmother.  This verdict helps in the cancellation of the sale deed at a later stage.


(Guest)
Dear Theja M,
I completely agree with G.L.N. Prasad sir, please first file the cheque petiton and then you can use that to get the gift deed cancelled as well

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register