Release deed without 1 brother/party

Firstly your question is vague.

Have the sisters released all their respective shares in favour of 2 brothers?

If so the shares of brothers gets increased by the respective shares of sisters.

The litigation does not have any bearing the rights still persist.

Draft the partition deed earmarking the shares of each brother including those received by their sisters and accordingly give effect to it. e.g. if you are hindu each of you is entitled to 20%.

After release by sisters the releasee brothers get 40% each and the 3rd one is still left with 20% hence the partition amongst the brothers will be in the ratio of 40:40:20.

Thanks for the reply I was waiting.

1) In partition deed among 3 brothers it has drafted as

"equal share of property A1 to all parties(i.e. 3 brother)" and they have mentioned

release deed no... and also saying release deed is executed in favour of 1st pary, 2nd party (i.e.

first brother and second brother)

2) Now I am concerned whether I will get my equal share?

3) In the release deed executed by two sisters property B1 is under litigation

by cousins.. (a)CAN the release deed still be valid? (b) two sister have the right

to release litigated B1 property

thanks in advance 

@Kumar: As per the registered release deed executed by your sisters, it favors only two brothers and since the third brother's name was not included in the deed, it indicates and confirms that only two out of three brothers are entitled to their sisters' share in the property and the third brother has been left out. If at all you consider that it was erroneously and hurriedly done, you may ask your sisters to revoke the same by both the brothers agreeing to the revocation of release deed and after that your sisters may execute a fresh registered release deed in favor of all the three brothers, alternately, upon the  present deed taking for granted, the other two brothers should agree to partition the property equally among all the three brothers despite the release deed in their favor alone but mentioning the same in the partition deed, thus equal partition of the property among the brothers will acquire legal status.   The said release deed will hold good even for the properties under litigation as far as their share is concerned.

Originally posted by : T. Kalaiselvan, Advocate
	@Kumar: As per the registered release deed executed by your sisters, it favors only two brothers and since the third brother's name was not included in the deed, it indicates and confirms that only two out of three brothers are entitled to their sisters' share in the property and the third brother has been left out. If at all you consider that it was erroneously and hurriedly done, you may ask your sisters to revoke the same by both the brothers agreeing to the revocation of release deed and after that your sisters may execute a fresh registered release deed in favor of all the three brothers, alternately, upon the  present deed taking for granted, the other two brothers should agree to partition the property equally among all the three brothers despite the release deed in their favor alone but mentioning the same in the partition deed, thus equal partition of the property among the brothers will acquire legal status.   The said release deed will hold good even for the properties under litigation as far as their share is concerned.

----------------- WORDINGS IN DRAFT OF PROPERTY A1 as follows

"WHEREAS, the Schedule A1 property shall be EQUALLY divived among 3 brothers i.e., 1st to 3rd parties herein who shall have equal rights over the Schedule A1 property. Incase the Schedule A1 to be developed, then a seperate MOU is executed for the convenience of all parties. The 2 daughters namely smt x and smt y have relinquished their rights as per the release dated..... in favour of parties No1 and No2 (i.e. other 2 brothers) herein above in respect of their share."

---------------------------------------------- DO I STILL GET 33.33% of share in the above property A1 thanks a lot