• Daughter release deed done and agreement for money

MY Age around 70 have 4 daughters and a son, i have Ancestral and self acquired property. 2 daughter Executed release deed in favor of me about 8 years back, but in that release deed just mentioned they are releasing from Ancestral and Self Acquired property by taking 50 thousand rupees, in deed not mentioned any Suit details, but they have not collected the 50k money that time but they told we will take it in future when ever need.Now other two daughters(plaintiff) put a partion suit case for dividing complete Property, keeping myself, son and other 2 released daughters As a Defendants. myself and my son filed a Written statement about the suit but 2 released daughters didn't signed on the Written statement. Now out of 2 released daughter one daughter is favor to us but she demanding 5 lakh but other one more daughter she morally supporting plaintiff daughters and demanding partition share orally. but both the defendant daughters are not willing to attend the court as of now.
I am planning to give 5 lakh to one daughters with any agreement proof only but my lawyer suggesting agreement leads to cancellation of release deed for both daughters. because other defendant daughter may prove both have not collected the money at the time of deed registration keeping this agreement. But i am not Interested to give money to her without any proof or Agreement of my money.
1) Registered Release deed(mention just self acquired and Ancestral property) without mentioning Individual property suit details is deed is valid, not mentioned separate property individually ?
2) Make a Agreement between myself and my daughter for 5 lakh any problem in future ?
3) Making agreement between my son and daughter is good idea instead of using my name ?
4) Other defendant daughter not collected 50 thousand she can go to court fight against validity of the release deed?
5) Which Agreement description type for this kind of issue to buy agreement copy? for example sale agreement, rental agreement?
6) In Agreement should i mention about release deed details about 50k?
7) what is the valuation stamp duty for agreement of 5lakh to 10lakh?
8) I don't want to give without any proof because its hard earned money? 
9) Again releasing in court results in cancellation of complete release deed, because other may say we didn't collected money that time?
10) i am planning to say in agreement my son is giving money to her sister for solving per problem.
11) Is witness required for Agreement? thumb impression is required from my daughter ?
12) Agreement shouldn't cause any problem to my Partition suit ?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1) release deed should mention details of property

2) since daughter has not collected 50 k they can challenge release deed

3) you can file consent terms in court in the suit between daughters who are willing to settle the dispute and make payment

4) stamp duty is state subject and varies from state to state

5) witness required for agreement

6) agreement woukd not cause problems in partition suit

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1.Yes the release deed is valid as she has released her valid undivided share in ancestral property.Further she has no right in your self acquired property.

2. Yes can contradict the release deed.So tell daughter you shall pay after the suit is settled.

3. Share already relinquished making agreement with son is not fruitful.

4. You can claim gave amount with cash, though she can go to court.

5.Sale agreement, or settlement or conveyance deed

6. Yes.

7. For what kind of deed are you asking stamp duty??

8. I would advise at this point of time ask your daughter some time after that once suit is settled you can pay.

9. No it is not so but the other daughter can cause issue.

10. But that doesnot mean this indicate the problem of the land.

11. Yes if there is agreement.

12. It can in respect to the second daughter who can also claim amount on ground that no amount is paid to her .

Further no daughter has claim on your self acquired property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Registered release deed is valid, Not mentioning suit details dose not make deed invalid and in respect of personal property, children have no claim, so no release deed required for personal proeprrty.

Agreement is fine but language should be that you are giving additional amount in furtherance of 50 thousand.

All parties whose interest is effected shall be party to agreement.

Limitation to question release deed is 3 years, already passed, rest she have to prove that no money given, you can say given in cash.

Registered release / gift deed.

Yes,

Rs.5000/-+Surcharge +Cess for release deed.

2 witness will required.

NO

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You should first of all understand the meaning of ancestral proeprty.

Also, the daughters are not entitled to a share in the ancestral property if they were married before the latest amendment came into force in the year 2005.

Thus in my opinion, there was no need for this release deed at all even if you were in possession of ancestral property if all your daughters were married.

Further if the release deed was executed by a registered document, and it has not been contested or objected within three years from the date of its execution, they cannot agitate on it at this stage and also since they have clearly acknowledged the receipt of a sum of Rs. 50,000/- they cannot dispute it now and cannot make a claim on it is this stage that too after a period of three years, because it is barred by limitation even if they have not got that amount at that time.

Firstly you discuss the details at length with your advocate because your daughter who has filed the partition suit is not entitled to any right in the proeprty now under your possession during your lifetime even if you have any portion described as ancestral property.

2. You may first analyse the facts based on my above opinion, once it is ascertained then you can dictate terms or even refuse to pay them any and ask her to approach court,because any such claim will not be maintainable if they approach court.

3. Dont do any such mistake because they will be locked in horns after that

4. No, not at this stage, see my anser in the 1 above.

5. No such agreement is valid.

6. In my opinion dont enter into any agreement at this stage because no agreement in this regard will be valid, it may be for your satisfaction alone.

7. You may enquire it locally.

8. Legally you are not bound by any such commitment hence you refuse ton pay any amount to them.

9. Hence you may discuss with your advocate about the modalities.

10. He will be in problem after that.

11. you may decide

12. It will certainly cause problem to the ensuing partition suit and it may become fatal to your defence.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can do e stamping of agreement

2) daughter would be second party

3) stamp duty is state subject and varies from state to state

4) get settlement deed drafted by local lawyer

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You are absolutely right in your thinking.

You should think about such positive steps to solve the issue instead of getting confused over lot of advises pouring in from all the corners, which may not be of any use or it may not have any impact.

You may also consult an advocate to have it verified after you prepare the said deed for a satisfaction for the correct words to be used in this.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Gift deed as you are not mentioning the property issue in that.

2. first you second daughter.

3. it would be valid get it notarised.

4.yes.

5. no it would be a simple gift deed.

6. that will be ok.

7. yes.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

GIFT deed - for movable things, not mandatory to registered but proof of money given.

You will be first party. It`s fine to get it executed on 100 rs stamp.

Rest will have no effect on case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer