Property dispute
5 months ago
My mom has signed for release deed from her father’s property . Actually her brother had promised to give her property after the partition and jointly sell it but in the deed its mentioned that she has been given 5 lakhs and she has no rights for the propertys and now sadly he is not willing to give any property . Any suggestions what can be done
A.Dear Client,
In the absence of the date of execution of the Release Deed by your mom in favour of her brother, your query may not be addressed suitably. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title. As per the Limitation Act, a release or relinquishment deed can be revoked within three years from the date on which the right was granted. This three-year period typically starts from the date of execution and registration of the deed. Again, the time limit to challenge a release deed on the grounds of coercion, fraud or undue influence is three years from the date of transfer. So, in the given situation, the date of execution of the Release Deed is very crucial for accessing tentative legal remedies available to the aggrieved person. Reach out to an Advocate experienced in civil matters for guidance and steps.
In the absence of the date of execution of the Release Deed by your mom in favour of her brother, your query may not be addressed suitably. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title. As per the Limitation Act, a release or relinquishment deed can be revoked within three years from the date on which the right was granted. This three-year period typically starts from the date of execution and registration of the deed. Again, the time limit to challenge a release deed on the grounds of coercion, fraud or undue influence is three years from the date of transfer. So, in the given situation, the date of execution of the Release Deed is very crucial for accessing tentative legal remedies available to the aggrieved person. Reach out to an Advocate experienced in civil matters for guidance and steps.
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A.Dear client,
According to the Hindu Succession Act, your mother has equal rights as your mother's brother on the father's ancestral property. But herein as you mentioned that there is already a release deed signed by your mother by which she has given up her share of land for 5 lakh rupees.
in your situation, there can be contention regarding the sales deed if the mother hasn't received the money as mentioned in the contract or if her consent for the release deed was taken with coercion or force.
Thank You
According to the Hindu Succession Act, your mother has equal rights as your mother's brother on the father's ancestral property. But herein as you mentioned that there is already a release deed signed by your mother by which she has given up her share of land for 5 lakh rupees.
in your situation, there can be contention regarding the sales deed if the mother hasn't received the money as mentioned in the contract or if her consent for the release deed was taken with coercion or force.
Thank You
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A.Dear Client,
If there's a discrepancy between the promise made by your mom's brother and the terms stated in the release deed, it could be a complex legal matter. It's crucial to consult with a lawyer to review the documents, understand the context of the agreement, and explore potential legal remedies. A lawyer can guide you on whether there are grounds to challenge the release deed or pursue legal action to enforce the original agreement. Keep any relevant communication or evidence, and seek professional legal advice to navigate this situation effectively.
If there's a discrepancy between the promise made by your mom's brother and the terms stated in the release deed, it could be a complex legal matter. It's crucial to consult with a lawyer to review the documents, understand the context of the agreement, and explore potential legal remedies. A lawyer can guide you on whether there are grounds to challenge the release deed or pursue legal action to enforce the original agreement. Keep any relevant communication or evidence, and seek professional legal advice to navigate this situation effectively.
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