Once the release deed is executed the releasor i.e your wife loses all rights in the property. It can be challenged on the ground of coercion but the onus to prove that it was executed under duress is on one who contends this. Paltry compensation given in the lieu of the releasing one's share in the property does not ipso facto lead to a finding of duress. You have to prove coercion through cogent evidence.
Release deed
My wife executed a release deed in favour of her brothers and father on April 2005 against her will. Her father expired on march 2006, Please do find the following points and clarify me is it valid.. 1. She got very less compensation compared to entire property. 2. The property that mentioned in the deed given to my wife is not a part of ancester property but she got it from her grand father thru gift deed 3. A property is in the name of her mother which she got it from her father ,which states that "this property is for my daughter and her children" Is release deed ristrcts my wife's claim on this..? 4.She got only 5% of his father's property 5. The release deed is done on April 2005, her father died on march 2006,and there was no supportive law for daughters. 6.release deed executed when she was under medical treatment, immediate next day after her diacharge. 7. Her mother not signed for release deed. Please do clarify.
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
But she can not ristricted her claim on mother's property...?
Asked 7 years ago
once release deed has been executed in 2005 duly stamped and regd your wife would have no share in property mentioned in release deed
2)on father demise your wife would inherit his property as one of the legal heirs
3) if release deed was executed under coercion your wife should have moved court to set aside release deed and not wait for 11 years
if mother died after April 2005 intestate your wife as legal heir would inherit share in her proeprty
Unless her mother has made a bequest of her property the share of your wife is intact.
The release deed signed by her if not for the ancestral properties, then it was not at all necessary to obtain a release deed from her by her father and her brothers because she was not entitled to any share in her father's property during his lifetime hence there was no necessity for that. Thus if the release deed was for her father's property then there is nothing for her to claim in it because her father made arrangement within the family towards all his own immovable property to which she is a party and it is fact that her father did not die intestate.
The property given by her mother to her as a gift deed shall become her own and absolute property.
But she can not ristricted her claim on mother's property...
She has been given her mother's property hence where is the question of restriction in her mother's property.