• Appeal against registered release deed.

My mother has got inherited property but forcefully she has signed release deed in year 2011. My mother is not well educated now we come to know that we have been cheated by her brother. They are having lot of property which we were unaware. So can we file a case against them.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Suit to set aside registered release deed ought to have been filed within period of 3 years of execution 

 

2) if she is not educated and fraud was discovered now your mother should file suit to set aside release deed at the earliest 

Ajay Sethi
Advocate, Mumbai
94913 Answers
7570 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to ask for your share on behalf of the mother and and if not given by her brother, file the case of the partition and declaration. Don't accept the fact of release deed and say it was done fraudulently. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Your mother may file a case for cancellation of the release deed on ground that she was cheated for same. She has to provide evidence of cheating and also an application for condonation of delay need to he filed along the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your mother could have taken the proposed action to cancel the registered release deed within three years from the date of original execution. 

Lack of education cannot be claimed as an excuse at this belated stage. 

Any claim at this stage may not be maintainable. 

You can discuss with an advocate in the local by producing the relevant documents before him and decide further course of  legal action on this. 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

1. YES .... using the Senior Citizen Laws, mother can revoke /rescind  the registered or unregistered Release Deed by filing civil suit in the local Civil Court, and claim back the property and other properties as well.  This has been upheld in several HC /SC judgments.

2. Mother can also file "Partition Suit" in the local Civil Court, for all her share in all the known & unknown properties of the family.

3. Mother can give you registered Power of Attorney (POA) and you can represent mother in court in all matters, without any exceptions.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes, you can file complaint to police under 420,406IPC.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. In whose favour has she executed the release deed?

2. She is free to file a suit for cancellation of the release deed in the civil court on the ground that her consent was obtained through coercion, but she will have to prove that she consented under coercion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes, if the release deed was done under influence of fraud or coercion or undue influence then she can file civil suit for declaration for setting aside the sale and for injunction. 

If your mother is not educated enough then it would strengthen your case.

Devajyoti Barman
Advocate, Kolkata
22866 Answers
492 Consultations

5.0 on 5.0

Dear Sir,

Such cases are many in Hindu Joint families. The brothers impress upon the uneducated sisters take signatures without disclosing the contents of such documents. Your mother can file a suit for cancellation of Release deed and also lodge a police complaint for misrepresenting her. If she is more than 60 years then she can take benefits under following Act.

===============================================================

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them and also get open the locked flats.  Few FAQ's are as follows:

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

there is a time limit for filing the civil suit for the declaration to declare that release Deed is null and void which is executed under force and pressure.

 

the limitation is three years from the date of knowledge, if the matter is under the limitation then you may file the case against him before civil court.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Yes you can file a suit for cancellation of that release deed also an FIR against him if he has cheated you

Prashant Nayak
Advocate, Mumbai
32061 Answers
183 Consultations

4.1 on 5.0

Is this release deed registered ? If no than not valid. Otherwise have to suit in court for cancellation of release deed. Ground of challenge will be undue influence and fraud. 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Yes, if you're mother is alive than you can file fraud, misrepresentation, coercion case against your maternal uncle's for cheating.

 

But the cost involved in filing case a stamp duty and registration of court fees will huge as per today's ready reckoner cost.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

you can challenge it both before the Civil Court and in the Criminal Court on the ground that your mother signature was obtained under misrepresentation, fraudulently and by cheating. It is also possible to file a case for breach of trust. For the civil case: You can file a Suit for Declaration for declaring that the Release Deed is null and void and you can also seek a Permanent Injunction. but chances are bleak. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A suit for cancellation of the release deed must be filed along with condoning the delay in filing the case.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes your mother can file case for cancellation of release deed which was signed by her due to concealment of facts and misrepresentation by her brother. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- Yes, the release deed can be cancelled on the ground that it was received under influence and your mother was not having knowledge for the said documents result. 

- Firstly file a complaint against her brother before the police, and further file a Suit for Declaration and Permanent injunction before the court , for cancelling the release deed and an stay for selling the property to any third person till the finalisation of the suit. 

Mohammed Shahzad
Advocate, Delhi
13344 Answers
199 Consultations

5.0 on 5.0

Ask a Lawyer

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