My mother was the only daughter of her parents(no son or any other daughter) My nana ji passed away on 8 Feb 1999 Due to throat cancer, and my nana ji had 4 brothers one of them took his property by the release deed on 29 Jan 1999 My mother passed away on 7 Feb 2012 and after a year later my Nani ji passed away on 20 March 2013 then I claimed my right I came to know that 21 Bigha out of 30 Bigha took my nana ji brother, I filed a case in civil court but the court dismissed my case. Because my nana Ji brother requested the court, consider the release deed to a gift deed, ( release deed can be considered as a gift deed)( can a person give up his share to a particular person through the release deed/the relinquish deed Will you please suggest me what should I do
It's not clear whether the joint property of your Nanaj8 was his ancestral property or self acquired.
However since after 2005 the daughter too have share in the ancestral property if the Release deed was made post 2005 then the same is not valid.
If it was made before 2005 then your remedy lies only if you could prove that the Release Deed was made under force or coercion.
Without seeing the papers I can not comment further.
Court miserably failed to interpret law, release deed in no case can be consider as gift deed. File appeal against the order.
Uncle had no inheritance right in his brother property neither he was joint owner, so release deed is void. It had to be only gift deed. Language of gift deed, stamp duty and purpose are absolutely different than release deed.
- Relinquishment/Release deed is a legal document through which an heir can transfer or release his legal right of the inherited property.
- Further , it is irrevocable even if it is made without any consideration.
- Further , if you have executed and registered a legally valid Relinquishment Deed, then you can not cancel it , i.e. you cannot claim back your share of the property which you have already relinquished , but if was minor at the time of executing the deed, you can challenge the same in the court.
- Hence, if the said release deed is registered from the office of the registrar , then it cannot be cancelled.
JM first dismissed my case now I wanna appeal in ADJ court , what rulings should I use in that court , though my Lawyer used these rulings , Air 1998Raj348,2015(3) ccc 098, 2015 DNJ(sc)1018,2007(2)ccc 304, 2007(2)ccc 032, 2012(2)ccc 192, 2015(2) ccc 547, 2013 RRD 368,2019(1)ccc 643, 2007(2)ccc760,2012(1)ccc Raj 168,2003(3) ccc 466 My opponent lawyer used these rulings 2019(2)WLC (Raj) UC 551 2019(1)RLW 211(RAJ) AIR 2016 ALLAHBAD 137 2019DNJ(SC)115 2015 DNJ(SC)1018 AIR 2009 SC (SUPP)1218 AIR 2014(SC)2906 2015 DNJ (RAJ)449 2015 DNJ(SC)1074 2016(4)WLC(RAJ)206 AIR 1997(SC)2421 PLEASE SUGGEST ME WHAT RULINGS SHOULD I USE
Use ruling, gift deed cannot be equalize with release deed.
Dear Sir,
There are several rulings and they may be used by the engaged advocate by you.
Once grand father had relinquished his share by registered release deed you have no share in property
Appeal depends upon facts of case
it is necessary to peruse order passed by trail court to advice
Yes a person can relinquish his share to other person by executing registered release deed If he wants. It is as good as transfering your share
- Yes, you can file appeal before the ADJ, again t the said order legally.
- Without going through the Order of the court , cannot suggest any ruling , approach your advocate for the same.
Without seeing the respective pleadings the applicability of these citations can not be commented upon.
We need to understand your case by Court case papers and final order passed by the Court for next steps.
Please arrange all the case papers in chronological order to advice you lawfully to take next steps against your opponents.
The above ruling should be sufficient.
Regards
If your grandfather had transferred his property by a registered deed to his brother during his lifetime, then that cannot be challenged by a third person.
You may be your mother's legal heir but this proeprty was transferred by your grandfather himself during his lifetime to his own brother, hence you cannot claim any share in the property that was not available to your mother.
You cannot use any separate rulings from your side if your advocate has already filed the citations that he relies upon.
You can file citation by yourself only when you are appearing in the case as a party in person.
Your mother had a share. He gave a settlement deed but still your nani ji had a share.
Now the SC ruling has come. She had a share and hence you should appeal.
You are entitled for all the property.
So file a 420IPC police complaint against the brothers of your nanaji.
Than file a partition suit
If the release deed contains the consideration, then it could not be considered as gift deed- 1967 AIR 1395, 1967 SCR (1) 275
You may also file a writ petition in high court.
Please note it is necessary to look into the documents/ order passed by court to provide proper guidance .
1. Yes release deed can be considered as gift deed as it was done during life time of your Nana ji.
2. Yes a person can give his share to anyone by release deed or gift deed.
