• Cancellation of release deed

Sir, 
I had an ancestral property with 3 Co owners(brothers) I released my share to one of my brother by executing release deed without taking any consideration. But presently I am in need of my share. Can I cancel the release deed with the consent of my brother. Or is there any other options please help. 
Regards
Mohammed
Asked 4 years ago in Property Law
Religion: Muslim

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13 Answers

Once you have relinquished your share in property by registered relinquishment deed you have ho share in property

2) your brother can execute gift deed in your favour to give you share in property

3) it should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello

You signed on a release/relinquishment deed giving all your property to your brother unconditionally. Now you cannot go back and take away the property unless your brother gives it back to you.

If your brother is ready then he will transfer the share back to you.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Yes, a deed of relinquishment can be set aside on the same grounds a contract can be set aside. Since there is no consideration or price in a deed for relinquishment, the way to challenge and set aside the deed of relinquishment is on the grounds of fraud, undue advantage, misrepresentation or similar grounds. If the person in whose favour the shares are relinquished is unwilling to cancel the deed, you must approach the civil court for cancellation of the deed. The limitation to approach the court starts from the date when you come to know any such deed has been executed against your interests in the property. In India, that period of limitation is three years as per limitation act. Take note that registration of document is deem notice in the legal sense. So if a document is registered before competent authorities, your stand of being unaware of it becomes weaker. A relinquishment deed cannot be set aside simply on the ground that while executing the deed, we were willing but now we aren't.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Firslty, as per the information mentioned in the above query, makes it clear that you have relinquished your right at some time back, but now want to revoke the same.

Secondly, You will need to file a suit to have the relinquishment deed cancelled. There are several grounds that you can take up before the court to achieve this objective such as fraud and coercion. The case would have to be filed depending on where the property is situated.

Thirdly, You released your share on the basis of faith and trust. It was your father's property. Since the donee has acted against the interest of the heritage, you should file a suit for cancellation of the release deed.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

You have not mentioned how much time before you executed the deed. it may be revoked only within limitation period and on reasonable grounds.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. A registered Release Deed cannot be cancelled under normal circumstances. However if there were to be any undue influence and if it was executed under duress like coercion, threat or fraud, then one has to file a suit in court to cancel the Release Deed.

2. Another option is, let your brother (to whom you relinquished your share) gift you, your relinquished share in the property through a registered Gift Deed in your favour

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

No this can't be cancelled since I believe the beneficiary must have already acted and altered his prejudice in furtherance to this release deed.

Is there any cancellation clause in this deed?

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

You can not cancel the release deed.

You may though ask your brother for a consideration in lieu whereof.

You may however make false grounds of cheating and coercion to get the sale deed cancelled.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

A relinquishment of property may not always be revocable. The best course of action would be to file a suit for declaration and cancellation of documents before the appropriate court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

No cancellation by consent, He need to execute GIFT deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

A released deed can be cancelled by filing civil suit in the civil court though if the brother is ready to cancel the release deed then easy way would be that he gift that share of property to you back rather then going for cancellation of release deed,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir

You can cancel at any time. Or you may file a suit for partition saying that you are misled to execute such release deed. In either you will succeed. Get services of experienced advocate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If the release deed was not executed by a registered document then you can revoke it without having to cancel the same.

However if it was executed by a registered document then the beneficiary also has to sign the cancellation deed along with the person who executed the registered release deed.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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