Is release deed valid?

Both the deeds, relinquished deeds and released deeds, are like a binary contract. Also, the essentials required by both the deeds are similar to a binary contract. Although, a relinquishment deed is formed between two parties with or without any consent. Whereas, for the release deed to be valid, it needs consent.

Can a settlement deed be challenged in court?

While a duly executed family settlement cannot be revoked, except with a court decree, it can be challenged in a court of law. An agreement that is brought about by fraud or coercion is a case in point. Any misrepresentation of facts regarding the title of the disputed property, too, can lead to future altercations.

Is release deed valid in India?

Should a relinquishment deed be registered? Section 17 (1) b of the Registration Act, 1908, provides that an instrument, using which a right is either created or transferred with respect to an immovable property, must be registered. Hence, a relinquishment deed must be registered, to give it legal validity.

Can a release deed be executed without consideration?

release deed will attract stamp duty for transferring. Release deed with or without consideration attract same stamp duty. Release deed and relinquishment both are same execute to transfer share in co owner. Release deed is irrevocable, gift deed not.

Can release deed be challenged?

Yes, you can challenge the release deed/ relinquishment deed after the death of the person. but to challenge it you need to have solid grounds and proof stating that the deed was made fraudulently. if you dont have any proof then their is no point challenging it as the case may not sustain merit in the court.

Can a release deed be revoked?

If the release deed was not executed by a registered document then you can revoke it without having to cancel the same. However if it was executed by a registered document then the beneficiary also has to sign the cancellation deed along with the person who executed the registered release deed.

How do I cancel my registered settlement deed?

Once the settlement deed is executed, it can not be cancelled unilaterally. That can be cancelled only by a civil court order. The settlement deed once registered cannot be revoked and you have to approach the court for cancellation of deed and file a declaration suit to cancel the deed.

Can a settlement deed be Cancelled?

But the rule is clear that unconditional settlement deeds cannot be cancelled unilaterally. If the conditions are not fulfilled, the settlor can revoke the deed unilaterally.

Can release deed be challenged by legal heirs?

U can`t challenge it. Minor has no right to challenge and claim in property. If your mother and other siblings have executed a registered release deed relinquishing their rights in your favor especially when there was a consideration passed for this, then your mother’s will or settlement deed is not valid in law.

Who can execute release deed?

As per Section 17 of the Registration Act 1908, registration of a release deed is mandatory. A deed of release can be executed within the family.

Can registered relinquishment deed be challenged?

In case of a relinquishment deed, it can be challenged based on the same grounds used for revoking a general contract. It can be Fraud, Undue Influence, Coercion and Misrepresentation. It is also important that both the parties give their consent to the cancellation. Conclusion: You can`t challenge it.

Is a deed of release legally binding?

A Deed of Release is a legal document, also known as a deed of settlement, used to formalise an agreement between two or more parties involved in a dispute. These types of documents contain terms that are legally binding.

Can a will of ancestral property be challenged?

In the ancestral property, your mother has a share in the property. The will can be challenged. Your mother has a share in her ancestral property for which she is required to file a suit for partition, possession, permanent injunction and mesne profits through a local prudent lawyer.

Why is the land ancestral in nature?

The Land is ancestral in nature because it has been passed from many generations and it has not been divided once. Recently I found that , my maternal grandfather has made a registered will and he stated in his registered will that all the ancestral property will be passed to his Sons. My Maternal grandfather didn’t gave any share to my mother.

Can a male descendant inherit a property as a separate property?

The male descendant who inherits the property in the above manner did not inherit the property absolutely as a separate property, but as coparcenary property. Coparcenary consists of only those persons who acquire by birth an interest in the coparcenary property. Succession in coparcenary property is by survivorship.