• Katha matters

X and Y are parents of children A, B, C, D, E, F are family members. A & B are female C to F are males.
in 2004 C,D,E,F had got combined katha in their name after expiry of X(father)
In 2015 Y(mother)& A gave GPA to C
C executed release deed on complete land to D,E,F

Now official owners are B, C, D, E, F

NOW A has filed petition in "AC" court challenging that, in 2004 Her name is not included in Katha.

Now my question is " Can Anyone claim for rights after execution of Release deed on the property"
Asked in Civil Law from Bangalore, Karnataka
1.Was the property ancestral or self-acquired property of your father.
2. Whether your father died intestate(without leaving a WILL)
3. Assuming that the property was self-acquired property of your father and had died intestate, then the combined Katha should have been in the names of 'Y', 'A'', 'B', 'C', 'D','E', 'F'   OR   'Y', 'A', and 'B' should have executed relinquishment deed or NOC in favour of C.D.E.F, then only the combined Katha made in 2004 in the name of C.D.E.F is legally valid.
4.You have stated that in 2015, 'Y' and 'A' gave GPA to 'C' to execute release deed in favour of D.E.F. If the combined Khatha made in 2004 in favour of C.D.E.F is legally valid, what was the need for 'Y' and 'A' to give GPA to 'C' to execute release deed after a lapse of more than 10 years.
5.From the above, it can be presumed that 'A' is within her rights to challenge the non-inclusion of her name in the Combined Khatha issued in 2004, if she has not executed relinquishment deed or NOC in favour of C.D.E.F before the combined Khata was issued in the year 2004
Shashidhar S. Sastry
Advocate, Bangalore
1339 Answers
74 Consultations

5.0 on 5.0

1) once deed of relinquishment has been made duly stamped and registered then that person cannot claim any rights in property 

2) rely upon deed of release to fight case in court . 

3) in your reply you must enclose copy of said release deed signed by plaintiff
Ajay Sethi
Advocate, Mumbai
28375 Answers
1540 Consultations

5.0 on 5.0

Hi, once his/her right or released then she can not claim right over the property when she executed release deed then she has no right to ask for her name included in the katha.
Pradeep Bharathipura
Advocate, Bangalore
4202 Answers
153 Consultations

4.3 on 5.0

1. What is the authority conferred on C by the GPA executed by Y in his favour?

2. Regardless of what has been stated in the GPA, neither C nor Y could have executed a released deed in respect of the entire land. If the property is originally owned by X then on his demise, in the absence of a will, the land devolved equally on his children. So no legal heir could have released more than his share.

3. A's petition can sustain in the court. The release deed is seemingly illegal.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

1. This is strange indeed,

2. A has already executed GPA in favour of C, even when her name was not included in the Khata,

3. Was the said GPA registered? Wa it irrevocable GPA?

4. She can not withdraw her GPA with restrospective effect now  when the GPA holder being C has already executed release deed in favour of D,E & F.
Krishna Kishore Ganguly
Advocate, Kolkata
13901 Answers
308 Consultations

5.0 on 5.0

If it can be proved that the Release deed was executed by committing fraud or without proper authority, the claim is sustainable. however since the GPA was given by A and Y jointly to C, the terms of the GPA will solve your query as to whether she can claim her rights after execution of release deed.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations

5.0 on 5.0

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