Fraudulently made to sign on release deed believing to be sale deed

509 votes

Dear Madam, you can challenge the said release deed from the date of knowledge with in 3 years by filing an suit for cancellation of right to release deed before the jurisdictional civil court. In pursuance of your share, if you claim share your father should alive at that time only you have to claim your respective share from the ancestral property by way of filing the suit for partition before jurisdictional civil court... if yes... I will do it.

Advocate Chandrashekhar Vithal Jadhav LawRato

510 votes

A release deed is a form of transfer in which an owner of a property relinquishes his or her share in favour of the other owner/ owners, or to a new person entirely. Yes, you can challenge it both before the Civil Court and in the Criminal Court on the ground that your signature was obtained under misrepresentation, fraudulently and by cheating. It is also possible to file a case for breach of trust. For the civil case: You can file a Suit for Declaration for declaring that the Release Deed is null and void and you can also seek a Permanent Injunction. For the criminal case: You can file a case under the provisions of the Indian Penal Code with regard to misrepresentation, fraud, cheating and breach of trust. First and foremost, before taking action, kindly obtain the following documents: (1) Certified copy of the release deed from the sub-registrar’s office where you registered the deed; (2) Property details; (3) Details of the release deed; (4) when it was executed? (5) Who were the witnesses? (6) Who have you released your share to? (7) Are there any conditions? (8) What is the status of the property as on date? Has it been sold/ transferred? (9) Is your signature only on the Release Deed or did you sign on any other document, such as a Power of Attorney? Please note, these kind of cases are difficult to establish but it can be achieved. In my opinion, you should consider your options at the earliest as such issues are time-sensitive. You have not mentioned the date of release deed but it is imperative that you take some action at the earliest, if you want a good chance at succeeding in the litigation. If not, it will delay the process. This is a gist of my legal advice based on your query. Please note that my legal advice is not final and without looking at the relevant documents and without obtaining further information from you, I cannot give a complete solution. For further clarifications, please contact me through www.lawrato.com

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