Can a release deed be cancelled claiming that one signed without reading deed ?
2 years ago
Below are the details of the property partitioning made between me, my mother and my younger sister. Properties: A two storey house under my father's name ( my father died 11 years ago) - lower level built by my father ( my mother lives here currently ) - 1st floor built by me after ( me, my wife and my kids live here ) There were two lands and a commercial building under my mother's name. I took the house and the commercial building through a release deed from my mother and sister. I accepted to allow my mother to live in the lower level all her life. My sister took the two lands through a release deed from me and my mother. Later, she had sold the lands. Now, my mother, sister joined hands and filed a suit with my mother as plaintiff claiming that she did not read the release deed of transferring the house to me, as she trusted me. She stated that she also believed that the deed was actually containing the details of equal partitioning (1/3 for each) between her, me and my sister. She has also claimed that the 1st floor building was constructed by my father. Will the court accept that my mother signed the deed without reading since she had trust in me?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
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ADV. ANISH PALKAR (High Court)
The defense of your mother is weak. When the registration of the deed is done, the contents of the deed are read over to both the parties, it is highly unlikely that court will accept her plea.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
This plea of your mother that she was unaware of the contents would not hold as, the contents are read over to both the parties at the time of registration. Further, if your mother is educated and is able to read and write, then such defense would not hold. The defense of your mother is a weak one.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
यदि आपकी माता अनपढ़ है ओर ऊमर दराज है।तब मजबूत आधार हो सकता है।
वैसे जब भी कोई दस्तावेज लिखा जाता है।तब दोनो पक्षो को पढकर सुनाया जाता हैं।
वैसे जब दस्तावेज रजिस्टर्ड़ होता है तब भी पुछा जाता हैं कि आआपने ये जो इसमे लिखा है वह ठीक है।
यह एक मजबूत आधार नही है कि दस्तावेज पढा नही था।