My brother had made me and my bed ridden mother sign a release deed in 2016 for 3 property in Bangalore which was in the name of my late father. He has sold one property for 49 lakhs now and he has bought a property in his name and balance amount is with him. My mother is bedridden with Parkinson for more than 5 years now, of which my brother took care of her for 22 months in his house and during this time, he made her put the thump impression in the deed. At the time of signing the deed, I had not read the documents since my brother is a short tempered person and he did not allow me to read the documents and I had to sign it, and went to registrar for the same. But since my mother is bed ridden, a person from registrar office came home and got the thump impression of my mother. My business is NIL now and I have a family to take care including my mother. Whereas my brother lives alone and he has cheated me and my mother and taken sign in release deed. Initially he had told me that it is for one property and he had taken some amount from his friend on the property, so he wanted to a sell a property. We cannot talk to him anything because he raises his voice and become violent too. Please advise, if there is a way that me and my mother can have claim over the above property? We live in a rented house. Or any way he can atleast take care of my mother, if he cannot pay our share
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1) your mother can maintenance from your brother under provisions of senior citizen act
2) in addition you can on your behalf apply to court for setting aside release deed as brother is not taking care of mother
3) further release deed was executed when she was suffering from parkinsons disease and not mentally fit
4) your release deed would not be set aside
1) You have to make open talk with him and raise all issues which you have narrated above and see at what conclusion he comes for any compromise.
2) Otherwise you have legal doors open and can file case against him under section 420 of IPC.
Release deed can be challenge,if you are able to prove it was a fraud on you, done under coercion and undue influence, then it can be got set aside in a court.
your mother can file maintenance application against all children. All of them have a duty to maintain mother.
Dear Client,
You have to file suit for cancellation of deed as same it obtained and executed by playing fraud and coersion.
Your mother can claim maintainance under senior citizenship act.
Noticed that the Release Deed which was signed by me and thump impression of my mother, has both mine and my mother name wrongly mentioned. Mentioned as Gerrard Gomez instead of Gerrard Renn Gomez and the same mistake for my mother name too ( all our PAN and Aadhar has full name). If then, can we go legally stating that my brother did not allow me to read the documents and I was forced to sign. My brother is also a drug addict, which is the reason we cannot talk to him. He gets angry and become violent
it is minor typographical error . your name and surname correctly mentioned only middle name has not been mentioned
if at all you were forced to sign you should have immediately filed suit to set aside release deed on account of coercion and not waited for 2 years
Not read the document, poor ground.
Mother can challenge it as her thumb prints are fake.
you can challenge the release deed/ relinquishment deed. but to challenge it you need to have solid grounds and proof stating that the deed was made fraudulently.
Hello,
Go ahead and challenge the sale deed by means of which he has sold the land on the ground that the release deed has been obtained by him through fraud and that he has no claim on the same
you need to challenge the release deed and get it cancelled in court by terming it a fraud. You need for file a suit against your brother. You need to take injunction order from court to that he can't sell the other properties and create third party rights
Dear Sir,
There are thousands such instances in our society. Just file a suit for partition at a minimum court rate and fight. We can prove that it was taken by force and fraud. No prudent person give away his share so easily unless such tactics are use. Take steps immediately and he will come for compromise.
Your mother executed the release deed before the registrar at home and you at the office of the registrar.
How can you claim innocence about the details of the documents.
Even if you were forced to sign what made you to not to lodge any complaint before registrar or police about this for more than two years.
If your mother's mental health is not stable then you can file a suit for cancellation of the registered release deed on behalf of her but you must follow the procedures to file the suit on behalf of indignant person.
Whereas you may not be able to cancel your own release deed owing to the facts based on the circumstances.
The reasons you have stated in the subsequent post are not reasonable and not maintainable.
You may have to look for some other grounds namely fraud or cheating done by your brother in this regard for seeking cancellation of release deed.