• Can a release deed be challenge by one of the releasor after a period of 7 years

I am the third son of a family of four male children and surviving mother. My grandfather drafted a will wherein he has mentioned that his properties should go to his only son(my father) and his male heirs(grandsons). I have purchased one of the ancestral house mentioned in my grandfathers will in 2011 by paying consideration to all my other brothers including my mother thru a release deed. Can my younger brother challenge the release deed 

In 2014 myself & my two brothers along with legal heirs of my elder brother who died in 1998 registered a partition deed wherein one of the property mentioned in my grandfathers will was partitioned into 5 parts thereby allocating one portion to my mother with absolute rights. My mother in turn drafted 3 revocable wills in 2016 thereby allocating her share to three or her sons(excluding the legal heirs of her first son who has deceased in 1998). In 2017 two of the revocable will were cancelled and the entire share of my mother was transferred to my younger brother thru a settlement deed. Can i challenge the cancellation of the will in my favour & the settlement deed drafted in my brothers favour.I want to know that the time limit for challange the release deed .I dont want any proplem in our house which is bought by paying fully cheque and cash to each. my younger brother is wayward and trying to cheat others .pls what i can do to get back my share in our agriculture land and product our house.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Once relinquishment deed is executed duly stamped and registered you would be absolute owner of property

2) younger brother after period of 7 years cannot claim share in property relinquished by him

3) mother can revoke her will during her lifetime and execute gift deed infavour of her younger son

4) I presume mother is of sound mind .

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Firstly the younger brother cannot challenge duly executed and registered relinquish deed wherein the consideration was paid to him. His claim is not maintainable. Secondly barred by limitation as any deed can be challenged within 3 years from its registration.

2. Secondly you cannot challenge the cancellation of the will as it is absolute right of the testator making the will as he/she can make / cancel the will unilaterally on wish. Further since a hindu women has absolute right on her property she can transfer it on her wish through will, sale , gift settlement. She is free to do so, so in case you file any case against the settlement or cancellation of will same is not maintainable in normal course. Further if there is any fraud or coercion for that settlement then on that ground settlement can be challenged.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Minor has to wuhon period of 4 years of attaining majority take legal proceedings to set aside release deed

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If mother was not mentally fit st time of execution of settlement deed file suit to set aside settlement deed

2) enclose medical certificate that mother is not mentally fit

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

No son of younger brother cannot challenge the release deed as the nature of property is not ancestral and the son of younger brother do not have any right in the said property. As the property is received in will not by way of joint family property it is like self acquired.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See you can file a suit before the court for setting aside the settlement deed claiming your mother is not well and she is not of sound mind so it was not a valid consent given by her while making the settlement deed . your claim has to be established before court by way of medical certificates and doctor report that she was unfit on the said date and her consent cannot be treated valid as she has acted in influence.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since the limitation period to challenge a duly registered release deed is only 3 years from its registration, your brother cannot challenge the said relinquishment and only only taken consideration by way of cheque from you.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If your mother is of unsound mind and you have documentary proof regarding the same, then you can proceed for cancellation of settlement deed.

But, strict evidence is required to prove that you're mother is of unsound mind and hence not fit to enter into any contract legally.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Client,

Limitation for cancellation of Release deed is 3 years.

It`s her wish, WILL can be revoked any time before death. U can`t challenge it.

Minor has no right to challenge and claim in property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your mother and other siblings have executed a registered release deed relinquishing their rights in your favor especially when there was a consideration passed for this, then your mother's will or settlement deed is not valid in law.

Since you are not party to the settlement deed you need not file a suit for cancellation of the settlement deed.

You can file a declaratory suit to declare your title.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The son of your your younger has no rights in the property during the lifetime of his father.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You may file a declaratory suit to declare your title and possession of the property which is now in your brother' s possession.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Limitation issue will arise. But if you got the knowledge of he same now then you can challenge it.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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