• Modification in release deed

My grandfather (Mother father) expired in the year 2005.
He has 4 daughter's( including my mother) and only one son.
In 2011 son forced all the 4 daughter's to sign on the release deed without any compensation. In the release deed it was mentioned that the property will be owned only by him hereafter and all 4 daughter's should not claim anything in future.

Now he is planning to sell the property to someone for which all 4 daughter's are not willing but he claims that daughter's are not authorised as they have already signed the release deed.

Can we now alter the release deed signed in the year 2011.
Kindly suggest how we can take legal action to avoid property being sold to someone.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1)once deed of relinquishment has been duly stamped and registered daughters ha e no share in property

2) deed of relinquishment cannot be cancelled

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Was that release deed executed by all the daughters in favour of their brother registered?

2. If yes, then the brother is the absolute owner of the said property and can sell it of to anybody he wishes to for which the daughters can not object to under any circumstances.

3. If the said deed was not registered, then it has no value as such and the daughters can claim their share of the said property now.

4. In the above instance, the daughters shall have to file a partition suit demanding partition of their father's property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.Grand children have no role to play in the matter during the lifetime of their mother who are the legal heirs of their mother's properties.

2. If the said release deed was not registered, the daughters can file the partition suit as directed in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You cannot claim any compensation

2) it is not ancestral property hence grandsons / grand daughters consent is not required

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Hello,

1) If the Release Deed is a registered release Deed it has transferred the rights of the sisters in favour of the brother absolutely and therefore he can not be hindered by the sisters or their children in alienating the property.

2) If the property is ancestral in nature, that is handed over to the grandfather from his father, then you can along with your mother demand the property to be divided or given your share in case of a sale.

3) You can get an injunction against the sale or any form of alienation of the property by approaching a court or demand partition in case the property is ancestral.

S J Mathew
Advocate, Mumbai
3561 Answers
175 Consultations

5.0 on 5.0

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