Once registered release deed has been executed brother in law has no share in property
2) it cannot be cancelled unilaterally by brother in law
3) suit to set aside release deed by brother in law is barred by limitation
Recovery of my link document
I and my brother-in-law were partners In business and we both together purchased our business premises our shop from the owner equally and get registered the property. Later my brother-in-law sold his shares of 50% in my favour by executing a registered release deed In sub registrar office in 2016. and I paid the release consideration byway of cheque. Later my brother in law retired from the business but later i came know that the original joint title deed has been kept with private financier by my bother in law with out my knowledge and with out asking me before selling to me. Now my brother in law is not releasing that document from the financier. How ever this happened with out my knowledge and permission I have not signed any were. My brother-in-law became insolvent and could not recover my documents from the financer. Since seven years, there is no communication from neither By my brother-in-law and the financer, But now the finance And my brother-in-law joined hands each other and threatening me that release deed which was executed seven years back by my brother-in-law in my favour That they will apply for cancellation of the Registered Release deed. Is that possible to cancel the registered release deed which was executed seven years back in my favour by taking the total release consideration. Please advise me what to do to deal the issue?
Asked 1 year ago in Property Law
Religion: Hindu
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6 Answers
The release deed executed on consideration basis around seven years ago cannot be cancelled unilaterally that too after 7 years ago.
You can send a legal notice to him to furnish the original document failing which you can inform him that you will initiate legal action through police and court
Relax nothing will happen. They have no case and also barred by limitaiton.
- As per the Supreme Court , a release deed for a joint property rights transfer must comply with specific rules to be considered legal, and it must be written on stamp paper, signed and witnessed, and registered with the sub registrar's office, making it a legal binding instrument that cannot be revoked.
- Further, as per the Limitation Act, a relinquishment/release deed must be revoked within three years from the date on which the right was granted. This three-year period starts from the date of execution and registration of the deed.
- Since , that release deed is registered from the office of the sub-registrar , hence it cannot be cancelled on any ground
- Further, as 3 years period has already passed from the date of execution , then also no suit for cancellation is also maintainable for revoking the said release deed, and hence you are the single owner of the property legally.
Pls. dont forget to rating .
It is not possible unless on ground of fraud and other related grounds. As a standard practice if a consideration is paid then the court will not grant cancellation
Dear client, the sale of a property without disclosure of any mortgage or loan on it makes it a criminal offence. You can file a case on the seller for misrepresenation and fraud and can claim compensation of the amount which you have paid.
The registered sale deed can only be cancelled when there is an consent from the both the parties. If the sale deed has been cancelled you can the get the consideration which you have payed.
