RAVINDRA NATHA R J (MANAGER-MATERIALS SSD) 07 October 2010

Release Deed

My father had purchased a Site 30x45 from Railway Co-op Socieity in the year 1972 and expired in 1982 without will. My mother, 4 brothers and one sister are surivors. My mother, 3 brothers and one sister had relinquished their title in favour of me in 1989 through Release Deed in favour of me with a compnesation of Rs,5000/- each for the purpose of construction of house. I had registered Release Deed in Sub Registrar Office in 1989 and katha was also transferred in my name. I had paid the taxes.

In 1990 I had applied for building plan and constructed Ground Floor house by taking LIC Loan. Further I had constructed 1st and 2nd floors in 2004 after obtaining necessary plan.

Now after 20 years one of my brother is coming distrubring in property matter. When my father died it was a site 30x45 ft. After getting the title in my name through Release Deed I had spent all my savings to construct the house. Now he his asking for the share in the whole property. Pls let me know legality issues in this case. He is claiming that 20 years back the value of site was less and value of site is more and also asking for the share in the building for which I had spent my life savings.

1) Release Deed - All the survivors relinquisted their title, interest in favour of me.

2) Is there any time limit to question the Registered Release Deed ?

3) Is my borther can calim share in the site and also in the propery legally ?

4) My brother is mentioning that I was mentally ill at the time of executing Release Deed in 1989 . He was admitted in Nimhans during 1972 and 1986 for illness. In 1989 he was quite normal. Can he claim the share in property stating that he was mentally ill at the time of registration of Release Deed.

5) I am married having two children. My brother is coming and distrubing very often. He has destroyed Pooja Room recently. He has physically manhandled me. He has threatned my wife and daughter. He has come and distrubed lot and finaly I had to admit him in some Rehabiliation Center - Psychiatric Hospital by forcibly through Police Protection. Every month I have to shell down Rs.12,000/- for this center.\

6) Kindly clarify legality issues in above case.

Thanks and best regards

3) Do my brother

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5 Replies

R.Ramachandran (Advocate) 07 October 2010

Firstly, only where there is no consideration, then it is called relinquishment deed. If there is consideration it cannot be called release deed, rather it would be a sale deed.

In any case, the title having passed to you 20 years back, your brother or others cannot stake a claim in the property now. But one disturbing factor is that he claims that he was mentally ill at that time and you also say that round about that time (i.e. 1972 and 1986 ) he was ill. It is your statement that he was normal in the year 1989, but he claims that he was mentally ill. Even now you say that he has been admitted in some Rehabiliation Center - Psychiatric Hospital - which only would go to prove that he was mentally ill.

It is one thing that he has not approached any court as of now, but if he does then this fact of his being ill will weigh with the court.

You have not told anything about whether he is married and has family etc.

1 Like

suresh (Advocate) 07 October 2010

Dear Mr. Ravindar Nath

According to your brother he is mentally ill at the time of execution of release deed, if he takes that contention within three years from the date of knowledge he has to seek cancellation of the release deed before the appropriate courts.

In my opinion according to your statement he cannot seek any relief as against you as it is time barred.

(Guest)

Yes,its true that He is claiming that 20 years back the value of site was less and value of site is more .

He was mentally ill at that time but after that in which year he becomes normal so he can aware of those situation and he takes that contention within three years from the date of knowledge he has to seek cancellation of the release deed before the appropriate courts.

But if he did not take contention ,then he cannot ask the property.

So,donot worry.

RAVINDRA NATHA R J (MANAGER-MATERIALS SSD) 08 October 2010

My borther is not married. He was working in Police Department and he could not complete his training and removed from his services.

RAVINDRA NATHA R J (MANAGER-MATERIALS SSD) 08 October 2010

Further to my message of 7th October, I would like to mention my borther is not married. He was working in Police Department and he could not complete his training and removed from his services.

One of my freind advised me that bring a court order to settle his share and pay the amount to my brother through court as per order to avoid disturbance from him. Now the survivors are my 2 brothers, myself and one sister (my motther is no more). I am married and having wife 47 years and one daughtyer aged 20 years and one aged 18 years.

1) At the time of registration of Release Deed there was only empty site measuring 30 x 45 . Survivors were reqlinquished their title and interest in favour of me (one of the survivors) for a consideration of Rs.5,000/- each (two brothers, one sister and my mother) for the purpose of construction and registered for Rs.20,000/- . The site value in 1982 is around Rs. 2.5 lacs.

2) After registration of Release Deed I had constructed the building with my own funds. After 20 years if I want to settle once for all the other 3 survivors (my two brothers and one sister) throught court. The present site value now is around Rs.40 lacs and buiding value round 20 lacs, put together the whole property is around 60 lacs.

1st Option

Can I sell the property since I am the absolue owner ?

2nd Option

For settlement through court, kindly calrify me whether other survivors will get share in

a)site value as per 1982 at the time regisration of sale deed (Rs.2.5 lac) or

b)present site value (Rs.40 lacs) or

3) present property (whole site & bulding - Rs.60 lacs)

I shall be very much thankful to your for Kind advise which option and what the course of action to be taken in the above case.

Thanks in advance and best regards