• Registered release deed importance

My Grandfather had 6 children (4 sons - lets name them A,B,C,D AND 2 daughters lets name them X and Y)
we had a ancestoral property which was taken approximately in 1950's
My grandfather passed away in 1970 and one aunt(Y) passed away in 2002.
After Y passed away Surivors of Y and X which is alive made a registered release deed in 2003 and released all their rights in the said property.
This release deed was REGISTERED IN COURT
now as the property is up for sale.
Aunt X and Survivors of Y are claiming rights in that property.
Need to know if they move to court ,is there any substance in this case.
Do i need to worry in this case.
Thanks
Rohit rawal
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

First check the status of the property. Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.

First you understand that , No Release deed has registered in the Court. The execution of the document done before office of the registrar. A registered document (including a will) can be challenged by any person whose rights, title or interest in the subject matter of the document is affected by the document which is under challenge. As per the CPC, the impugned document is generally challenged by institution of a suit in the civil court of appropriate jurisdiction by presentation of a plaint. Suit contesting wills are commonly referred to as testamentary suit. Registration of the document does not affect the issue regarding who can challenge the document. Therefore the general rule on who can challenge a document is that, those persons whose rights, title or interest are directly affected by the document can challenge the document. However the CPC provides an exceptions where even though a person is not directly affected, he can challenge the suit.

A registered deed may be challenged on the grounds:

1.Coercion

2.Undue Influence

3.Fraud

4.misrepresentation - That the executant had given his consent on the basis of an innocent misrepresentation

5.Being led to believe as true, something which the person deceiving knows is false.

6. Actively concealing a material fact

7.Making a promise without intention to perform

8.Any other deception or any act statutorily declared as fraudulent.

The burden of proof lies on the person challenging the registered deed. It is important to note that it is very difficult to establish the grounds of rejection of a registered deed.registration of the deed is not proof of free consent. Consent is very crucial part of any contract. “Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Hii,, if they have already made a release deed in your favour they cannot claim in the property now.. There claim is null and void in the eyes of law

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1)once registered release deed is executed and legal heirs relinquished their rights they would not have any share in the property

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

1. If your Aunt X and the survivors of Y have already registered a Relinquishment/Release Deed in connection with the said property then they can not claim any share of the same now. Such deeds are irrevocable.

2. They have no merit in the case filed by them.

3. However, you are required to contest the case fittingly without taking it lightly.

Krishna Kishore Ganguly
Advocate, Kolkata
27690 Answers
726 Consultations

If the co-sharers or the legal heirs of the co-sharers have executed a registered release deed relinquishing their rights in the property in favor of other shareholders, then it is not possible to revoke or cancel the registered deed.

If at all they had any grievances over it then they could have approached court within three years seeking cancellation on the basis of the reasons they rely upon, at this point of time they even lost that opportunity since the same is barred by limitation.

Thus their claim at this stage is not tenable or maintainable.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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