- So far as execution of document is considered, no difficulty will be faced by the defendant, as there is presumption in favor execution of registered document. Defendant can compel the plaintiff to produce specimen of admitted signatures of executor and interested witnesses to establish the execution of document .
- If the property ancestral, non-consenting legal heirs will have right to claim and get their share in the property. That is the main problem you will face. By proving the attestation by legal heir/witness you can deny his share, he being consenting party.
- To defeat the claim of other legal heirs, you need to prove the proceeds of sale in question are applied for family necessities, like marriages in family, medical emergencies, education expenses, house constructed, any other property purchased etc. This way you can defeat the claim of all legal heirs.
Registered Release Deed with Consideration
Registered Release Deed with Consideration The deed executor died after 10 years of the deed execution and registration. (Executed and Registered, it is relevant to Tamilnadu). After 10 years of the executor death, the deed executor legal heirs filed partition suit. The release deed is with Consideration. (Release deed with consideration can be treated as a Sale Deed - As per Supreme Court). To prove the deed document, 1.Defendant side, First One of the independent attested witness came to court and accepted his signature and accepted the the deed execution. 2. Later, The plaintiff very close blood relative , he is also a party in the suit, he is also looking share in the partition. As he later joined in the suit, he is joined as Defendant but actually he is Plaintiff supportive also he looking share in the partition. If the release deed failed then he will get share and their blood relation(plaintiff) also will get share. This person also an attested witness in the deed. 2ndly he came for witness and he denied his attested signature in the deed and denied the execution of the document. A. As one of the independent attested witness accepted firstly his attested signature and execution, so can be considered as the deed document is proved. B. As 2ndly , another one interested witness- attested witness person in the deed, denied his attested signature and denied the execution. Q1: In this scenario: the deed document can take as proved or disproved ? Q2: If the denied witness first come and the accepted witness 2ndly come, then only can be considered as the deed is proved ? OR Once proved is proved, irrespective of the witness who accepted his attesting signature and execution first come or 2ndly come? Please answer for the two question.
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
It is proved as one of the attesting witnesses admitted that he has signed the relinquishment deed as witness
2) you only need to examine one of the witnesses to prove execution
A. Since, the said release deed is registered from the office of Registrar in the presence of executor , and the two witnesses , then it cannot be cancelled , specially after the death of the executor.
- Further, as one attesting witness accept the execution of the deed , then this document is proved , even the second witness becomes hostile.
B. 1. It is proved , and the Registrar can be called for deposing before the court for proving the document
2. First witness acceptance and the registrar affirmation for the execution of documents is enough for proving the truthiness of the deed.
1. If one of the witnesses have admitted the attestation of the registered document, then the execution of the registered document can be held as valid irrespective of the other witness turning hostile or denying his signature, because it is a registered document, hence his denial of signature amounts to the acts of forgery and impersonation.
In that case he has to take legal steps for this offence against the person who did this.
2. First of all this is a registered document and not an unregistered document, hence if one of the witnesses is denying his signature as witness in the deed, then, the veracity of his claim can be explained before court by proving his bad intention behind denying his own signature.
It is a matter of final argument.
1. It needs to be proved as per rule of evidence
2. It's never like that who comes first. It depends on evidence whether same is proved or not
Dear Client,
A release deed must be cancelled within three years from the date on which the right was conferred, under the provisions of the Limitation Act.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.A release deed would typically be executed at a time when your home loan provider grants you a legal certificate that you have fully paid your loan and the lender is freeing the collateral submitted as a security against the loan. An individual can also give up his right in a property through this instrument.Release deed will attract stamp duty for transferring. Release deed with or without consideration attract same stamp duty. Release deed and relinquishment both are same execute to transfer share in co owner. Release deed is irrevocable, gift deed not.
Thanks & Regards
