Need help in property disput

the release deed u r talking about was registered or unregistered. if it is unregistered your mother and 2 other daughters can claim share in that property through parition suit. if it is registered u have little chance to contest.

It is not registered. My mom just gave a sign on Rs 20 stamp paper and they used that for removing her name from 7/12 of land. As per my little knowledge for registering one need to appear in-person in front of registrar and signed the document which not happened from our end. Thanks for your inputs , this is really helpful.

Hello

You have mentioned that the sons of your grandfather made the females in your family sign away their share in the land by saying about their pathetic condition and how they don't have any other source of income. Thus a case can be made upon the premise that the land was meant to be a constant source of income and was not to be sold in order to satisfy the share of the other brothers, especially since they are well settled and can support their families with their service emoluments. The fact that this was the condition on which the signatures were obtained, it becomes a definitive clause for the deed and any alteration will result in the deed becoming voidable for the females of your family. You should see the case of Nathu Lal v. Mt Gomti Kuar, which states that "A material alteration is one which varies the rights, liabilities, or legal position of the parties ascertained by the deed in its original state or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or may otherwise prejudice the party bound by the deed as originally executed,". You should be able to file a plea for an interim injunction against the brothers. preventing them from selling off the land. After that you should submit a petition in court to invalidate the deed since the material circumstances have changed and the factors that contributed to the circumstances of the deed have been changed. You will need to contact a good lawyer who can guide you through the judicial process and guide you on how to proceed.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Very well said. Thanks for throwing light on this aspect as well. Many Thanks.

Sir, based on your inputs we have registered a case for partition but now my lawyer saying that the release deed ( leagal document on Rs 20 stamp paper) which is unregistered is not going to help us because that document was signed and given in year 1991-92  and since its in blood relation it need not to be a registerd document. Also Daughters were not entitled for their share in the year 1991. I am surprise to hear this because if daughter not having shares why they took signatures of 3 sisters on release deed?? Please help me.