You can file a suit for cancellation within 3 years of the knowledge of above will to you
Release Deeds
My brother and I signed a release deed on a piece of property that belonged to my mother in 2011. The release deed says that mother passed away in 2000 without a will. I found a copy of my mothers will (jointly written with my father one year before her death) in 12/2022. This will is registered and to my knowledge it was not cancelled/revoked. I would like to cancel the release deed on the basis that the deed was signed as a mistake and with misinformation. (A) Please advice if i am within the time limitation to cancel the deed, since it has been close to 11 years since the release deed was signed. (2) What is the time limit from the discovery of the joint will to submit it for release deed cancellation (3) Does this involve a civil suit and if so, what is the normal time period to process this through the courts?
Asked 2 years ago in Property Law
Religion: Christian
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9 Answers
If the will was found after you signed the release deed then there is no problem. Obviously you didn't know about it. If others challenge the will then you have to go through litigation.
there is no time limit in your case as you just found out about the will. You should file a civil suit.
Is the release deed duly stamped and registered.?
2) suit to set aside release deed ought to have been filed within period of 3 years of execution of release deed
3) claim would be barred by limitation
4) suit would take 15 years to be disposed of
Dear Querist
From the date of knowledge you have three years to file a civil suit before the civil court of area for cancellation of that released deed along with an application for interim temporary injunction under order XXXIX Rule 1 & 2 of Civil procedure Code-1908.
That released Deed will be cancelled as executed without the knowledge of Will executed by the owner of the property and the property shall devolve as per the contents of the Will.
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Limitation for cancellation of Release deed is 3 years.
Once the period of 12 years is passed, the will is said to be Permanent. So we can say that there is no limit as to how many years a will is valid and it is valid for the lifetime of the beneficiary and can be enforced at any time.
The time taken for disposal of civil suit cannot be predicted owing to various factors involved in it.
However you may first of all ensure whether the the cancellation of release deed would be maintainable or not at the belated stage because it is more than 10 years of its execution and the as per limitation act, the time limit for cancellation is just three years.
- Since you have signed the release deed before 11 years , then now is out of limitation to challenge the same as the limitation period for filing the release deed is 3 years from the date of registration.
- However you can file a declaration suit before the court for cancelling the said release on a sufficient grounds of delay in filing the suit .
You can contact me , if further suggestion needed.
Dear Client,
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.
In your case, registered deed can be cancelled as you were unaware of the presence of a will.
Thankyou
1. Registered Release Deed of 2011 now "CANNOT" be revoked/rescinded after so many years, irrespective of now availability of WILL or whatever.
2. However parties to the Release Deed may execute a registered "Settlement Deed" based on and agreeing to the clauses of the said WILL, which effectively nullifies the WILL.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
You need to file suit at the district court within whose jurisdiction the property lies for declaration of title in your favour based on your mother's Will and for setting aside the relinquishment deed. You are within limitation now, but need to act quickly. The suit may take a year to conclude.
