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Can my brother claim rights after executing haktarnama ?
10-Jan-2023 (In Civil Law)
My father had a house from his father in family bantwara a dwelling house. Father had three sons and eight daughters. My father expired in yr 1996 without making will. All my sisters are married before his death. My eldest brother and his wife also expired by1999, leaving two sons & two daughters. Both the daughters of my deceased brother are married by yr 2001. Well as per father wish and parivarik bantwara my second brother and two nephews executed haktarknama/Release deed made me owner of this house. Release Deed was duly registered by LRA. on 26/2/2005. Now after 12 yrs my niece want share in house. Can my second brother and two nephews claim any rights back after haktarknama in my favour. Please suggest
it is conditional sometimes , what was the language of release deed it may contain s ome condition if there is no condition then it is absolutely in your favor and nobody can claim and even if a suit persists finally it will go in your favor
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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My dear
In my opinion your second brother and your nephews who have given you their share in the property in question by a release deed cannot take back their rights. Now you are absolute title on that property by way of release deed.
In my opinion your second brother and your nephews who have given you their share in the property in question by a release deed cannot take back their rights. Now you are absolute title on that property by way of release deed.
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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property once relinquished can't be cancelled. However you can file suit for setting aside the deed if you can prove that the same was executed under force or coercion as on all same grounds available to challenge a contract.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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