Respected sir/ madam,
My great grand father bought 18 acre of agriculture land in the year 1942. He died in the year 1955. My grand father is the only legal heir, and he was maintaining the property. My grand father had 1 son and 3 daughter. All the daughter got married well before 1987 and the marriage expenses and dowry where carried out by my grand father and my father ( i.e the only male child to my grand father) by means of selling nearly 7 acre of land. My grand father died in the year 1999 leaving behind 10.7 acre of land undivided. In the year 2001 my father got release deed from his mother, and his 3 sisters by giving 5 lacs to each considering that all the 5 members of the family (ie my grand mother, my father & his 3 sisters) have equal rights to the property. My father is maintaining the property till now.
partition
Here comes the problem:
-> Now in sep- 2013 one of his sisters son has filed a case saying that his mother was cheated and she did not got any amount for the release deed. The plaintiff also says that his mother is illiterate and so she does not know what is a release deed.
->The plantiff also says that he was a minor(14 yr Old) when his mother signed the release deed and so he is not able to get any benefit from the property. so, he is requesting the court to cancell the release deed signed by his mother.
-> He also request for his share in the property saying that it is also his great grand fathers property.
Additional Information
-> The release deed are registered.
->The amount that was given as compensation for the release of the property is written in the release deed along with the minor children information in the release deed.
-> The release deed also contains a line saying that " The amount received as compensation will be used for the education, living & welfare on my minor son's & myself".(signed by the plaintiff mother)
-> The present age of the plaintiff is 27.
I am in need of Experts advice. Thank you