Dear Legal Experts,
This property dispute concerns a release deed between Daughter D1, her Father F, and her Grandfather G.
Father F is the son of Grandfather G. F married W1 in 1960 and had a daughter, D1. Without divorcing W1, F married W2 and had two sons, S1 and S2, and a daughter, D2. In 1970, F purchased a property of 5 acres. In 1972, Father F and Grandfather G jointly purchased 6 acres. Grandfather G had previously purchased 3 acres in 1950 and inherited approximately 4 acres of ancestral property, making a total of 10 acres in Grandfather G’s name (7 acres of ancestral + 3 acres from the joint purchase).
When D1 reached marriageable age, she approached her father, F, for marriage expenses, having lived with her mother until then. Taking advantage of her financial situation, F obtained a blanket release deed from D1 in 1975. The deed, executed in Book IV without specifying any property details, included the following statement: “...because you (Father F) think that I might one day claim a share in your property, or that I might do so after your lifetime, I have today received the sum of Rs. 1,000 from you for my wedding expenses. In consideration of this, I hereby declare that I have no rights over any of your movable or immovable properties from this day forward.”
Grandfather G passed away in 1980, and Father F inherited G's properties using the death certificate and legal heir certificate, transferring the patta to F's name. Father F died intestate in 2016, and all properties are now held by the children from the second wife, W2. The properties remain in F's name to date.
- D1 relinquished her share to her Father F in 1975 before the death of her Grandfather G in 1980. Is her release deed also effective for her Grandfather’s property when she signed the deed?
- Does D1 have any rights to claim a portion of her Grandfather’s property that her father inherited
- Can D1 challenge the release deed, considering that it was not justifiable in value for her father’s property and was signed under financial pressure just one month before her wedding?
- Are there any other legal remedies available for D1, who is currently in financial distress