Deed of Release

4 years ago

Request you advise on the below matter.

- My grandfather had a small hut in 1940s for which he used to pay rent to landlord against a payment slip (bhada pauti) and no agreement.

- My grandfather passed away and my grandmother continued to stay in that hut with her 8 children and paid rent to landlord until the hut was broken and redeveloped into a building.

- In approx 1980s the hut was broken and building was made. My grandmother has got a 1RK in the building.

- In 1990, the building was registered as a co-operative housing society and my grandmother has received only a share certificate for the flat without any sale agreement or legal document since she was a tenant on that land.

- In 1999, my grandmother passed away without making any will for the flat. She had 8 children including 4 Sons and 4 Daughters, all being legal heirs. Out of which, at present 2 sons have been deceased leaving behind their wives and two children each respectively.

- After the demise of my grandmother, all parties unanimously agreed to transfer the name in 2014 on the share certificate to one the unmarried sister, on basis of consent letter given to society on a plain paper which is not of any legal value being unregistered or stamped or franked as a indemnity bond which has been accepted by the society and changed the name on share certificate from my grandmothers name to one of a unmarried daughter in May 2014.

- The unmarried sister, being 65 yrs of age is residing in the property since birth with legal heirs of one of the deceased brothers being family of 5 members.

- All the legal heirs of my grandmother, being 6 children and legal heirs of two deceased children are now desirous to execute a deed of release in favour of legal heir of one of the deceased son being releasee. The releasee thus being the grandson of the original owner.

- All legal heirs have agreed to settle their rights and claims against the property against a sum of amount which they do not wish to mention in the deed of release to save on stamp duty charges. Thus the mutually agreeable amount shall be distributed by releasee in form of a simple gift deed against love and affection, for the record which does not mention that the said amount is being received as a share from inherited property which is a condition given by the brothers to the releasee.

- Considering the above, our query is:

Can a registered deed of releasee signed by all parties made without any consideration be challenged in future?