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Release deed was done by sisters now claiming share in property.


21-Apr-2023 (In Property Law)

We are Two brothers & have three sisters. Releese deed was done by my three sister on 10.02.2003. Their photographs alongwith village Namabardar & one witness on stamp paper. At the time of this DEED I was on duty (ARMY) My elder brother's photograph is also on DEED. On deed they stated that share of all ancestral property to be given to our brothers fifty fifty. Now brother is against me because he had borrowed more than 10 lac rs from me. He motivated all sisters to file a application. They filed it on Jun 2014 saying that our brother cheated we.

Answers (5)

Answer #1
117 votes

The relinquishment deed needs to have your signature.

If they are missing as specified by you, that you were on official duty,

did you authorise your brother vide power of attorney to sign on your behalf?

if no, then the relinquishment deed stands incomplete. However you can file a recovery suit against your brother for the money he borrowed provided you have some transaction details as a proof that you transferred the money.

To save your property and atleast to retain your share you can proceed with a partition suit.

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Answer #2
708 votes
Relinquishment Deed is a required to be registered. Though the un registered document can be looked into for collatoral purposes.
Answer #3
992 votes
The relinquishment deed needs to have your signature. If they are missing as specified by you, that you were on official duty did you authorise your brother vide power of attorney to sign on your behalf?if no, then the relinquishment deed stands incomplete. HoweveR you can file a recovrry suit against your brother for the money he borrowed provided you have some transaction details as a proof that you transferred the money. To save your property and atleast to retain your share ypu can proceed with a partition suit.
Answer #4
651 votes
your query is not clear in the question area. Still if your sisters have release deed ,which is recognized as per the law then they cannot claim the shares again .recognized release deed is Relinquishment deed signed before the Registrar ,Registration department in presence of 2 witnesses.You can file a suit for declaration against them and your brothers seeking your 50 % share in the property
Answer #5
259 votes
You cannot contest a release deed that you have executed on your own volition. You are estopped. You are estopped. She is free to do whatever she wants.
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