Sachin(dead) had 2 sons Deepak(dead) and Arvind(dead) Deepak(dead) had 1 son Rajeev(dead) ****** Arvind has 1 Daughter Rupa(85years alive) Rajeev(dead) has 2 sons A, B all alive ****** Rupa has 2 sons C, D both alive. Deepak bought some property during his lifetime and Arvind bought some property during his lifetime. Some are bought separately and some property are bought together. Arvind had only 1 daughter Rupa who got married and was living in her husband’s place for last 70years. After the death of Deepak and Arvind, Rajeev inherited all the property of both Deepak and Arvind in 1972. Since only daughter of Arvind was married and in 1950’s it’s not common for daughter to get share in the property, she didn’t get any share. Again after the death of Rajeev, his 2sons(A, B) inherited property and were in joint possession since 1982 and in 2012 they partitioned between A and B through partition deed, same is being reflected in revenue documents. Recently Rupa who also has share in the property relinquished her rights to both A and B through registered release deed. However Rupa sons C, D are not aware of it. Rupa younger son D is not interested in the share of her mother property. Rupa elder son C forced Rupa, got her signature and together filed a case against A and B for share in the property and Rupa hasn’t shared that she has signed released deed fearing his son C would threaten her life and she is telling A and B not to share about deed to his son C So Rupa is not in any position to come to court and accept that she has given up her rights. I am Person ‘A’ in this case. So my questions are. 1. Is It advisable to wait for 3years and then show it in court the release deed executed by Rupa in our favour? 2. Will the limitations time of 3years apply from the date of execution of release deed or from the date on which sons of Rupa will come to know about it? Various judgments have given different interpretation. So pls clarify. 3. After 3years, if Rupa son C claims in court that we were not aware of the deed and A and B have forcefully taken it from her mother and if mother also supports the same claim fearing his son, what would be the consequences of it? 4. In worst case scenario, If court accepts the claims of Rupa and his son’s, how difficult it is for them to prove there claims? And how difficult for us to prove our claims that she gave her signature wilfully?
1) in your reply enclose release deed executed by R
2) limitation period for sons would be from date of knowledge
3) mother R has to file suit to set aside release deed
4) it has to be proved that release deed was executed under coercion or undue influence
Yes that should be done normally but as a suit has been filed you have to question the maintainability of the case and hence the relinquishment deed must be filed in the court.
The limitation itself will not be an absolute bar upon the sons of rupa as the deed would be void in case of fraud undue influence coercion. It is from the date of execution.
They may be able to convince the court to condone the delay and the suit will be maintainable.
It all depends upon her testimony and story which she tells. Moreover the facts and circumstances of the case surrounding the signing of the relinquishment deed are relevant too. Why didn't she tell her sons is also important. She has a legitimate interest in the property as it belonged to her father.
1. Since Rupa has relinquished her rights in the property by a registered deed, she cannot claim her share in the property now without cancelling the registered release deed hence her suit for partition is not maintainable.
Whether you wait for three years or more than that since she has already filed a partition suit, this limitation will not be counted, hence you can file a written statement mentioning that she has no rights in the property since she has already executed a registered release dd relinquishing her rights and can produce the photo copy of the deed before court along with your written statement without waiting anymore time to file the same.
You have to defend your interests on the basis of the documentary evidences to support your pleadings.
2. The limitation will start from the date of its execution by the releasor, her sons do not have any role to play in this limitation part of the registered release deed because they do not have any rights in the property during the lifetime of their mother.
3. Rupa's children cannot make any statement before court in that manner because they do not have any rights in the property at least not during the lifetime of their mother.
Therefore whether they are in the knowledge or not about the release deed is not relevant to the suit filed by their mother.
They are not even party to the suit hence their application will not be entertained by court for any reason.
If Rupa believes that the release deed was obtained by A and B by fraudulent means then it is she who has to prove the same before court while she makes an additional prayer for cancellation of the release deed, hence without seeking cancellation of the deed, she cannot bring this subject to the main suit for partition, because she cannot deny the execution of the release deed.
4. The position of law is very clear and it has no room for your imaginary questions hence there is no question of worst scenario.
1. Going by the opinion expressed by different lawyers here, can I assume that Rupa sons C and D do not have any locus standi to challenge the release deed? 2. If at all this deed can be challenged, it has to challenged only by Rupa alone? 3. How important it is for Rupa to take the consent of her sons C and D while signing release deed in this particular case? 4. Although legally her son’s do not have any say in her mother’s property during her lifetime, would the court say consent of her son is needed considering the age of Rupa? 5. Since the age of Rupa might turn as a drawback for A and B, can we use the argument that the witness who has signed in the release deed from Rupa side is a trusted confidant of Rupa and it is true fact as well? 6. If point 5 can be done in court, what kinds of documents we can produce to establish that Rupa and witness are known to each other? I am asking about documentary proof because Rupa may deny knowing witness as coming under pressure from her sons.
Rupa cannot deny the execution of the registered release deed which was executed and signed before Registrar.
Her denial about the witnesses who attested the registration document will not mattter, the witnesses can be summoned before court to adduce evidence.
The sentiment of age factor of Rupa cannot alter the law to anyone's favor.
In the suit for partition she has suppressed the fact of registered release deed executed by her, which indicates her malafide intention, a situation favorable to you.
First of all let the case come for trial, before that don't jump into any wrong conclusion in haste.
Don't imagine what they can do, concentrate on your defense alone.
Sons do not have locus standi to challenge release deed
2) it has to be challenged by Rupa alone
3) consent of sons is not necessary to execute release deed by Rupa
4) it is not ancestral property and courts would not give orders that consent of sons was necessary
5) witness can give evidence to prove execution of release deed by Rupa .
6) you can take the plea that witness is trusted confidant of Rupa and was family friend of Rupa and release deed was attested by witness
Dear Sir,
1) The property of hindu women is her own to give, thus the sons of Rupa do not have locus standi to file suit. Only Rupa has right to file suit to set aside release deed.
2) Limitation against the son starts to run form the date of knowledge.
3) The consent of the sons was not needed to execute the release deed.
4) Age is not a factor, if Rupa met all the requirements needed being competent and of sane mind, when she executed the release deed.
5) Rupa will have to challenge the validity of the release deed, as she has executed it before registrar and with witnesses it will be hard to prove it as invalid.
6) Witnesses can be used to prove the validity.
7) You should mention the existence of release deed in your favour in your reply. Do not hide any details, as Rupa and son has filed case hiding the same, the case is in your favor.
Thank you
1. Correct2. it has to challenged only by Rupa only
3. Not important
4. No
5. witness who has signed in the release deed from Rupa side have to appear
6. Witness are better to be independent. They have to just confirm that Rupa signed in their presence without any known threat and in proper mind and health.
too many irrelevant questions. but answering them anyways
1. Is It advisable to wait for 3years and then show it in court the release deed executed by Rupa in our favour?
why wait for 3 years??? show it right away!!2. Will the limitations time of 3years apply from the date of execution of release deed or from the date on which sons of Rupa will come to know about it? Various judgments have given different interpretation. So pls clarify.
the release deed is a registered document and public is deemed to have constructive notice about it. Registration relates back to the date of execution. So limitation will begin from the execution date. However grandsons do not inherit any property of the grandfather Deepak. His property goes to his class 1 legal heir who is his daughter [assuming the succession of Deepak opened after 1956 i.e. after enactment of the Hindu Succession Act]3. After 3years, if Rupa son C claims in court that we were not aware of the deed and A and B have forcefully taken it from her mother and if mother also supports the same claim fearing his son, what would be the consequences of it?
nobdoy can predict that4. In worst case scenario, If court accepts the claims of Rupa and his son’s, how difficult it is for them to prove there claims? And how difficult for us to prove our claims that she gave her signature wilfully?
do u think advocates are astrologers? how Rupa will prove her case, nobody can predict. but the onus will be on her that her signature on the release deed was made due to fraud, undue influence, coercion, misrepresentation, etc.
1. As per law, after the death of Arbind , his property would be devolved upon his only legal heirs daughter i.e. Rupa
- Further after getting that property , it will considered her self acquired property and she having her right to transfer or execute release deed , and none can claim any right during her right time.
- Since, Rupa has release her share after registering Release deed , then it cannot be cancelled on any ground.
- Hence, you can file the reply of the said suit without any waiting .
2. Limitation can be run from the date of knowledge
3. No, the consent of her son is not needed , as it was her self acquired property after the death of her father.
4. It will be very tough for even Rupa to cancel this Release deed on the ground of forceful execution . and during her life time her sons case is not maintainable.
C and D have a share as it is an ancestral property. Rupa had to ask her sons to give a release deed along with her as her sons too have a share. The property belonged to their grandfather and a daughter is a coparcener. The property hadn't been divided yet. It was only appropriated by her cousins.