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Time period after which a registered Release Deed cannot be challenged
15-Apr-2023 (In Property Law)
I want to know after what period of time after registration, a Memorandum of Understanding aka a Release Deed cannot be challenged in court any more. The Release Deed was regarding movable and immovable property of an elderly Hindu couple living in Mumbai who passed away without a Will. They had 4 adult children, also living in Mumbai, 3 of whom released their rights to the property against monetary compensation provided by the remaining child as part of said Release Deed. I have received varying answers about the limitation period ranging from 3 years to 12 years. What is the correct period of time after which the deed cannot be challenged in court?
1. Release deed signed by 3 children in favour of one is of no consequence.
2. It is of no consequence as the right of the children to the property of their parents will arise only after the demise of their parent and not before.
3. Before the demise of the parents, the children are only presumptive heirs and cannot have any claim over their parents property and thus cannot execute any release deed.
4. So the child in whose favour the release is made cannot claim exclusive right over the properties of his parents on basis of release deed.
5. Since parents died without making a Will, their properties will devolve on their children as per law.
2. It is of no consequence as the right of the children to the property of their parents will arise only after the demise of their parent and not before.
3. Before the demise of the parents, the children are only presumptive heirs and cannot have any claim over their parents property and thus cannot execute any release deed.
4. So the child in whose favour the release is made cannot claim exclusive right over the properties of his parents on basis of release deed.
5. Since parents died without making a Will, their properties will devolve on their children as per law.
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