Challenging Relese deed
5 months ago
Dear Sir,
My Grandfather expired in 1998. He has 4 Children’s elder sister, my Father and two younger brothers. Most of his properties are partitioned except piece of land of around 5 Acre which is jointly owned by all four children’s of my grandfather.
My Father expired in May 2023. And soon after his elder sister come up with release deed (which was registered in year 2012) in which it is stated that My father willingly releasing his part in that land without compensation towards his sister and trying to remove his name from land record (i.e. 7/12) & We (two brothers & mother) have no idea about this deed and my father never say anything about it.
Can we challenge this deed as it is registered.
A.Dear Client,
In some jurisdictions, there are specific legal requirements for the validity of release deeds. Ensure that the release deed adheres to all legal formalities, and if there are irregularities, your lawyer can advise you on how to proceed. If there is any suspicion of coercion, fraud, or undue influence in obtaining the release deed, it may be grounds for challenging its validity.
In some jurisdictions, there are specific legal requirements for the validity of release deeds. Ensure that the release deed adheres to all legal formalities, and if there are irregularities, your lawyer can advise you on how to proceed. If there is any suspicion of coercion, fraud, or undue influence in obtaining the release deed, it may be grounds for challenging its validity.
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A.Dear Client,
In some jurisdictions, there are specific legal requirements for the validity of release deeds. Ensure that the release deed adheres to all legal formalities, and if there are irregularities, your lawyer can advise you on how to proceed. If there is any suspicion of coercion, fraud, or undue influence in obtaining the release deed, it may be grounds for challenging its validity.
In some jurisdictions, there are specific legal requirements for the validity of release deeds. Ensure that the release deed adheres to all legal formalities, and if there are irregularities, your lawyer can advise you on how to proceed. If there is any suspicion of coercion, fraud, or undue influence in obtaining the release deed, it may be grounds for challenging its validity.
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A.Dear Client,
According to the Supreme Court of India, a release deed for a joint property rights transfer must comply with specific rules to be considered legal. It must be written on stamp paper, signed and witnessed, and registered with the sub-registrar’s office, making it a legal, binding instrument that cannot be revoked. However, a release deed can be challenged within the first three years of registration under exceptional circumstances that include fraud and undue influence, It is possible that the co-heir surrendering his rights to the jointly inherited property was unduly forced or fraudulently manipulated into doing so. In this case, if the fraud can be proved, then there are legal grounds for challenging a release or relinquishment deed and seeking revocation/cancellation in court. If one of the parties disagrees with revoking a relinquishment/release deed, then the case is brought before the court for further investigation into the events which caused the deed to be challenged. So when a release deed is registered in the year 2012, it is now barred by limitation to challenge its validity or veracity because a release deed can be challenged within three years from the date of its registration on the grounds of fraud, or undue influence.
According to the Supreme Court of India, a release deed for a joint property rights transfer must comply with specific rules to be considered legal. It must be written on stamp paper, signed and witnessed, and registered with the sub-registrar’s office, making it a legal, binding instrument that cannot be revoked. However, a release deed can be challenged within the first three years of registration under exceptional circumstances that include fraud and undue influence, It is possible that the co-heir surrendering his rights to the jointly inherited property was unduly forced or fraudulently manipulated into doing so. In this case, if the fraud can be proved, then there are legal grounds for challenging a release or relinquishment deed and seeking revocation/cancellation in court. If one of the parties disagrees with revoking a relinquishment/release deed, then the case is brought before the court for further investigation into the events which caused the deed to be challenged. So when a release deed is registered in the year 2012, it is now barred by limitation to challenge its validity or veracity because a release deed can be challenged within three years from the date of its registration on the grounds of fraud, or undue influence.
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