Cancellation of release deed case filed by my brother
1 month ago
After the death of my mother the family property was transferred on my name by released deed duly signed by my younger two brothers and father.
My one brother took undue advantage of illness of my father and made a will mentioning cancellation of the said release deed. ( The property was originally on my mothers name and not owned by my father)
He has filed a case in Mumbai city civil court Churchgate for the cancellation of the said release deed on some false reasons.
The property is in Andheri , but he has filed a case in city civil court at Churchgate. ( He stays at worli)
First he filed a case to Bombay high court but court directed to file the same in city civil court. (as the property value is not much)
1 : Can the registered release deed be canceled ? and how I can secure my rights and property?
2 As the property is in Andheri, then how he can file a case in Churchgate city civil court ? as the jurisdiction should be Goregaon Dindoshi court?
3 Can I raise this point in City civil court Churchgate and ask to transfer it into City civil court at Dindoshi?
4 Can any one file a property case in any court ? or it should be in the court which comes under the jurisdiction?
1. Can the registered release deed be canceled? How can I secure my rights and property?
- Cancellation of a registered release deed is a complex and time-consuming process, and obtaining a favorable order is not guaranteed.
2. As the property is in Andheri, how can he file a case in Churchgate City Civil Court? Shouldn't the jurisdiction be Goregaon Dindoshi court?
- It is a valid point, and your advocate should have raised a preliminary objection regarding the territorial jurisdiction of the court.
3. Can I raise this point in City Civil Court Churchgate and ask to transfer it to City Civil Court at Dindoshi?
- Yes, you can raise this issue in the City Civil Court at Churchgate and file a relevant application under Order 7 Rule 11 of the Civil Procedure Code (CPC). The court may direct the plaintiff to present the case before the court with the appropriate territorial jurisdiction, such as Dindoshi.
4. Can anyone file a property case in any court, or should it be in the court that comes under the jurisdiction?
- Generally, a property case should be filed in the civil court within the jurisdiction where the property is situated. However, there are exceptions, such as when major immovable properties are involved, and the case may be filed in a court having jurisdiction over the location where the major properties are situated.
My answers are as follows:
1 : Can the registered release deed be canceled ? and how I can secure my rights and property?
Ans: Cancellation of registered release deed is not so easy. It is time consuming and ultimately the other side may not get favorable order.
2. As the property is in Andheri, then how he can file a case in Churchgate city civil court ? as the jurisdiction should be Goregaon Dindoshi court?
Ans: It is a good point. Your Advocate ought to have taken such preliminary objection in respect of territorial jurisdiction of the Court.
3. Can I raise this point in City civil court Churchgate and ask to transfer it into City civil court at Dindoshi?
Ans: Yes, you can file relevant application under Order 7 Rule 11 of CPC and plaint will be returned to the Plaintiff with a direction to present the same before the Court having territorial jurisdiction.
4. Can any one file a property case in any court ? or it should be in the court which comes under the jurisdiction?
Ans: Normally, Civil Court will lie within the jurisdiction of where property is situated the exception is where the major immovable properties are situated.
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