Once deed of release is made duly stamped and registered it is binding upon you
2) it cannot be cancelled unilaterally by you
3) you need court orders to set aside release deed on grounds of fraud
4) it may take years to be disposed of
Cancellation of Release deed
Dear Sir/Madam, My father purchased 2 ground (4,800 sq ft) in chennai, constructed house and we were staying in it. My father wrote will, giving the living rights to my Mother and after my mother, that property will be equally distributed to myself and my younger brother. My father was dead 10 years ago and I was taking of my mother. This year, my mother expired and my brother and myself agreed to separate the properly equally (i.e. 2,400 sq ft each) via Release deed. We registered 2 release deed, one from Me to my brother and second is from my brother to me. After registration of release deed, I noticed that part of my land (i.e. 500 sq ft) has been porumboku (i.e. government land) and I couldn't able to get Patta for my full portion (i.e. 2,400 sq ft), but my younger brother portion is not affected. Further checking, I found that my younger brother knew that portion of the property (i.e. my portion) has been porumboku and he took Town Survey Land Register(TSLR) for his portion of his land, 2 years ago (not sure based on which document, he took the TSLR under his name). He had hidden the fact and made to sign the release deed. I requested my brother to do rectification deed to split equally the portion excluding the proumboku land (i.e. 2,150 sq ft each) equally. But he rejected it. Please advise the following: 1. Is this a legal case? One of my relative said, that one I sign the release deed, I cannot do anything. Is it true? 2. Is it possible to cancel the Release deed? If yes, what is the procedure and how much cost? 3. Is it possible to file fraud or cheating (420) case against my brother, for hiding the fact about the TSLR he took 2 years ago and deceived me into signing the release deed, even though he knows that my portion of the land has been porumboku. Regards
Asked 6 years ago in Property Law
Religion: Hindu
19 Answers
1. Your case is that a part of your land became government land. If this be so, it was incumbent on you to exercise due diligence before the execution of release deed. Your consent to release deed was a free consent. Hence, you cannot challenge the release deed now.
2. There is no criminal case of cheating made out by any stretch of the imagination.
1. You have signed the release deed under a misconceived fact and he got it signed fraudulently and hence you may file a suit in the court.
2. Yes. Get in touch with a local advocate and file a case for the same.
3. Yes you can file the case, but mostly the same will be a civil dispute and police will not entertain any FIR.
Regards
The WILL is the basis on which the interest has been distributed. As one of you is at disadvantage this deed of release has to be cancelled through Court of Law and pray for equal distribution .
Regards
G.RAJAGANAPATHY
Lawyer
High Court of Madras
1. See you can try by filling a suit to cancel the release deed signed by you to your brother on ground that same was done by cheating and hiding facts. You may succeed in the suit.
2. You have to file a suit and stamp duty as per value of suit shall be applicable.
3. You can file a complaint agaisnt your brother for cheating and breach of trust.
First i am not understanding, who advised you to execute release deed. In your case, release deed is irrelevant but only single apparition deed or MOU. You wasted money on stamp duty.
Release deed can be cancel by order of court that same has been executed by playing fraud.
Minimal court fees + advocate fees.
Only civil suit no criminal case.
1. No. Any deed can be revoked if it is suffering from the vices of fraud, misrepresentation, coercion or under influence.
2. you like to file a suit for cancellation of release deed on grounds of misrepresentation by your brother.
3. No Criminal Case would be maintainable against your brother in the facts and circumstances of your case. Filing a complaint against him with the police is your prerogative.
1. this certainly calls for filing of a suit by you against your brother for equal division of the land after excluding the government portion which was actively hid from you by your brother
2. your brother has enjoyed unjust enrichment to your detriment and made you sign the release deed
3. so just because you have signed the release deed, does not mean that you were all the while aware about the govt portion falling in your part, which your brother knew
4. your brother concealed this fact from you and by misrepresentation took a release from you for his land
5. so this is a clear case of filing a civil suit against your brother
Yes release deed is surrendering your rights. But if you feel any fraud has been played you can challenge your release deed.
Yes you can file a suit for cancellation.
Yes you can file FIR for cheating and fraud
You can file a civil suit in this regard to correct the release dates according to the will and your brother has to after the court decision change the release deed accordingly.
There is nothing wrong and you have legally possible in this regard
as the release deed is already registered, it's binding upon you and you cannot revoke/cancel it,
due diligence was required on your part and you cannot hold anyone responsible for your negligence,
if you are able o prove that your consent has been taken by deceiving, fraud, etc you can challenge the release deed but it will take 3-5 years to dispose of the matter and the result is uncertain,
The dispute is of civil nature,
No criminal action is suggested
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.
1. It was your land jointly held with your brother which you have released to your brother by releasing the relinquishment deed. So, it can not be revoked or cancelled on the ground that you did not know that it was a govt. land which you are keeping or which your brother has released in your favour. Actually you two should have registered a partition deed.
2. For cancellation of te registered relinquishment deed, both the parties shall have to execute and register the cancellation deed.
3. You have hardly any cause to bring the charge of fraud against your brother since it is you who has released your share of the land in his favour and is expected to know abot yourn land.
1. For dividing the property between you both why did you execute a registered release deed, you both could have drawn a registered partition deed.
2. Well if the so called release deed was executed less than three years from this date you can file a suit for cancellation of the said release deed for the reasons you may rely upon and get the relief.
3. No cheating case is maintainable, your lethargic cannot be claimed as an excuse nor you can blame your brother, what prevented you from obtaining the said record for your portion too.
Yes this is a legal case as he hide the facts from you which he knew before the transaction of release deed which will be counted as fraud and misrepresentation which is a very good ground for cancellation of release deeds
and the relative who is advising you that you can't do anything must be favouring your brother.
Yes it is possible to cancel the release deed you have to file a civil suit for cancellation of release deeds and make partition of property according to your holdings
You can lodge an FIR against your brother but chances for interference of police is low because it is mainly a civil matter.
Thanks for you all your response. 1. Is it possible to file a case to cancel the TSLR acquired by my brother before the release deed? If yes, please provide details? 2. Is there any other alternative way to resolve my problem?
Asked 6 years ago
Yes you can file a suit for the same in civil court.
1. See TSLR acquired can be cancelled once the release is set aside you can file objection on same'
2. you have to file a suit only to settle and seek fair partition.
you can approach authorities to set aside TSLR as on said date brother was not owner of property
however once release deed has been executed by you duly stamped and registered your brother would be absolute owner of property
You may get in touch with the local advocate to know about the procedure for filing a suit for cancellation of the TSR