Is the release deed duly stamped and registered
2) if so once you have relinquished your rights on property you cannot claim any share in the property
3) mother can execute registered gift deed in your favour for her share in property
Release deed
I had signed a release deed to give my portion of property however now i want to revoke the same Adding my mother intends to move her share to me as recent events has created issues in the family I forsee an issue which my brother in law might place as my sister has expired and she is one of the legal heir's Please advice on this
Asked 3 years ago in Property Law
Religion: Hindu
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13 Answers
If a release deed is signed only expressing intention to release a share in the property and if the releaser changes his mind, he can ignore the document expressing his intention. It the release is registered before sub-Registrar, the process to cancel the registered deed is lengthy but it can be done.
Assuming that, you as Releasor, had executed Release Deed in favour of the Releasee and the same was registered in the jurisdictional Sub Registrar's Office, then unilaterally you can't revoke the registered Release Deed. However, if both the Releasor and the Realeasee agree to cancel the registered Release Deed, then it can be revoked by executing a Cancellation Deed by both.
If the release deed was executed by a registered deed then for cancellation of the same to be done within three years by executing a cancellation deed jointly along with the beneficiary by a registered deed.
If your sister also was a shareholder to the property then her legal heirs, that is her children and husband are entitled to inherit her share in the property.
If you have willingly given the same it is not possible to revoke the same now. Unless you prove that it was due to undue influence, coercion etc
Dear client, I am sorry to hear that but as per the law, if you have executed and registered a legally valid Relinquishment Deed, then you can not cancel it now, You can not claim back your share of the property which you had relinquished long back under any ground
Hi, release deed is valid only when it was signed and executed and Registered in the Sub-Registrar office. Otherwise, it has no validity in the eyes of law.
ok. My mother still holds 1/3 of the share... and the deed was made and it is mentioned the same so that my sister could take care of mother in favour of that . now when my sister is no more , shouldnt this be a point as am the only person who would be taking care of her now. Cant this be cancelled under these circumstances...
Asked 3 years ago
Merely because your sister is dead is not ground for revoking relinquishment deed
1. Registered Release Deed executed by you in favour of your deceased sister can't be revoked.
2. However your deceased sister's legal heirs can execute a fresh Release Deed in your favour by getting it registered in the jurisdictional Sub Registrar's Office.
Your mother can revoke her share if any given to sister and give it to you.
Inheritance of property has nothing to do with taking of your mother, the former is a right while the latter is the filial duty
The share of your deceased sister automatically devolves on her own class I legal heirs as per the provisions of law of Hindu succession Act, and this is inevitable.
- As per law , once release deed executed , it cannot be revoked without court order.
- Further, if this deed was conditional and in favour of sister with the motive of taking care of mother , then after the demise of sister , you can cancel the same. However a court order is needed for the same.
- Further, your mother can transfer her share in your favour after executing a registered gift deed during her life time.
Do you client I can understand your situation but as I already stated once you have relinquished all your inheritance right then you cannot claim the property.