Claim of aunt is barred by limitation
no need to bow down to pressure tactics
Challenge of release deed
Dear Sir/ Madam, In the year 2014, my father got a release deed from my aunt after settling some portion of land to her. Now my aunt is asking for additional land, otherwise, she is saying that she will approach the court.. In this case, Is it possible to challenge the release deed registered in 2014 ??
Asked 4 years ago in Property Law
Religion: Hindu
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10 Answers
Dear Sir, Thanks for the quick reply. Her's argument is, she plans to challenge this release deed on the ground of fraud. From our side, we have the release deed that is registered in the register office!!
Asked 4 years ago
If it were to be a registered Release Deed , then even if it's challenged it may not be successful.
No case of fraud is made out
2) she has duly signed the release deed in presence of registrar
3) it is attested by 2 witnesses
4) further it is not her case that she is illiterate
5) no need to worry
The limitation is only 3 years. You need to show that you got knowledge of the same within 3 years.
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
If she alleges fraud in making her sign the release deed, the burden of proof shall be squarely on your aunt's shoulders to prove her charge. As long as the release deed was properly executed, signed before competent witnesses and duly registered, you need not worry.
Anyone can challenge anything. If your aunt challenges the registered Release Deed on the basis of fraud, then she has to provide ample evidence to prove her allegation beyond doubt. Moreover the Release Deed was executed by your aunt way back in 2014 and what was the reason for her to remain silent all these years and now suddenly she is raising the issue.
- A registered relinquishment deed is irrevocable.
- Further, the parties involved in this transaction cannot retract it, because of a change of heart or opinion at any later time.
- Hence, once she has executed registered released deed , then on any ground she cannot cancelled it , specially after a long gap .
The time limit to challenge the registered release deed is three years.
Hence she may not be able to challenge the same at this stage for whatever reason she may rely upon.
The challenge for the registered release deed can be made within three years from the date of its registration on the grounds of fraud, the proposed challenge by her may not be maintainable.
Dear Client,
Check when the release deed is been registered, if 3 years have passed since then the limitation period to challenge the release deed is over and she cannot challenge it.
Thank you
