Release deed mentions you have received money
2) it has been duly registered
3) after lapse of 11 years release deed would not be set aside
4) your claim is barred by limitation
Release Deed cancellation
Hi, Myself and my brothers(2) were owning a property(old house with small land) and I gave a release deed to them which was registered(2009). They promised me to give money as compensation which has not been given still now, but they mentioned in the document that I got some amount from them. On 2018 I had signed one more release deed since the path for that old house was not released by me on 2009. They have built a house now in that. Can I cancel my release deed through court since they have not given me the promised amount till now?
Asked 3 years ago in Property Law
Religion: Hindu
16 Answers
1. Send a legal notice to your brothers demanding them to give you the promised amount within a target date and wait for their response.
2. If your brothers' do not respond positively to your notice, file a suit in the jurisdictional Court to cancel the Release Deed, which you had executed in 2009 and 2018 based on fraud committed on you by your brothers by making you to execute the Release Deed without giving you the promised amount.
The probe is you have waken up from your slumber after a long time by when the train has gone too far.
The law says if a person sleeps over his right then the law also folds its hand.
In nutshell considering your folly and reckless conduct nothing could be done anymore.
Hi, Even though you can challenge the execution of the Release Deed before the Court. However, Once you execute the Release Deed, It is difficult to cancel the same.
Dear Sir/Madam,
As it is mentioned in the document that you have received the money, you may not cancel the deed on the ground that you did not receive the money.
Dear sir/madam,
Yes, the release deed can cancelled on the grounds that it was obtained fraudulently and the payment has not yet been done.
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.
You can terminate the agreement by giving a notice to the buyer stating that you are no more interested to sell the property since he has not paid any advance amount towards the consideration of sale so far. Consult a local lawyer and take decision as per his further advise after seeing the agreement paper.
1. A Registered Release Deed CANNOT be unilaterally revoked /cancelled. However it can be revoked /cancelled mutually by both the participating parties.
2. You may file a Civil Court Suit for recovery of your money, PROVIDED you have relevant documentary evidences & witnesses, in support of your claim.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
If the consideration amount has not been paid within three years you can claim the same through court including the cacnellation of the registered deed for non performance of their part of contract.
You can ensure this clause and proceed with the aid of a local lawyer.
Yes you can.
Regards
G.Rajaganapathy
High Court of Madras
I was not married when I gave release deed in 2009 1) How do I get the release deed copy since I don't have it? 2) Can we cancel the 2018 release deed(only for small path to the house) at least for now? 3) They had written in the 2009 document that I've got amount from them. 4) How do I prove that I've not got any amount from them?
Asked 3 years ago
Apply for and obtain certified copy of release deed from sub registrar office where release deed was executed
2) it can be cancelled only by mutual consent of parties
3) if no money was received by you then you should not have signed release deed
4) after period of 11 years it would be difficult to believe that no money was received by you
1. Being the Releasor of the Release Deed executed by you, a certified copy of the Release Deed can be obtained by you from the jurisdictional Sub Registrar's Office.
2. To cancel the Release Deed executed by you in favour of your brothers, it can be done if your brothers' agree for it, otherwise file a suit in the jurisdictional Court to cancel the Release Deed.
3. There has to be a record like cheque/DD/net banking, etc., through which if you have been paid the money by your brothers, then only your brothers' can prove that money has been paid to you in lieu of Release Deed executed by you.
Thank you.
Hi, you can apply for certified copy of the Release Deed before the Sub-Registrar, you will get the same.
Any deed of conveyance after registration can not be cancelled unilaterally by the maker.
Dear sir/ma'am,
- if original will is lost you can obtain certified copy of will from sub registrar office.
- lodge FIR with local police station about loss of original will.
- you should apply for probate of will from high court.
- you can obtain release deed from other legal heirs if you so desire.
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.
1. You can apply for certified copy of the registration document from the registrar's office.
2. If the conditions mentioned in the registered release deed was not complied by the beneficiaries then you can cancel the registered release deed by filing a suit for cancellation of the same before the civil court.
3. You should have claimed that amount at that time itself or a little later, but now it is too late, it is badly barred by limitation.
4. What is the use of proof to prove that they have not given you the money at this belated stage, becasue even if you prove the same, since the limitation is three years only, it may not be possible for you to obtain money from them until and unless they acknowledge that they have not given any money to you till now.
- Issue a legal notice to him after mentioning that the said release deed was taken forcibly after keeping in dark , and thereby ask for compensation from him
- If he refused, then file a declaration suit before the court for cancelling the said release deed.
1. You can apply for getting certified copy in the office of Registrar , where is was registered.
2. On the above mentioned grounds , but it may be not maintainable due to long period .
3. You can deny the same , and can ask for evidence for payment to you.
4. As above.
