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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
263 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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Advocate Siddhant Sharma

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Only if it can be proven in court that the gift deed was signed under fraud or intimidation can you challenge it. The court will reject the gift deed if you cant prove that it was done with fraud or intimidation.

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To ensure it is fair and legal, all parties must review the deed. A release deed may be challenged in the first three registration years under certain circumstances. 22-Jun-2023

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Three years are the time limit for challenging a relinquishment document. In these cases, the deed must be canceled by all parties. 22-Jun-2023

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The settlement deed could be challenged in court as the property is ancestral. Your sisters may have a share of the property. Negotiate with them to avoid legal complications. 07-Jan-2018

  
Answer #2
906 votes
Relinquishment Deed is a required to be registered. Though the un registered document can be looked into for collatoral purposes.
Advocate Ashima Puri

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Answer #3
679 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.
Advocate Richa Relhan

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Answer #4
832 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
Advocate Ritesh Isaac

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Answer #5
100 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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Advocate Chikirsha Mohanty

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