Can a registered release deed of ancestral property be challenged?

A registered release deed is an important document that plays an important role in the distribution of shares in an ancestral property. In India, the concept of ancestral property holds great significance, and there are laws pertaining to inheritance. However, conflicts arise among family members, reflecting the complexity of ancestral property distribution. Can a registered release deed of ancestral property be challenged? In this article, we will find out the answer to this question.

Table of Contents

What is a registered release deed?

A registered release deed, or a deed of release is a legal document that removes previous claims on a property and transfers the rights, interests, and title from one party to another. It is widely used in India to settle disputes regarding joint ownership of ancestral properties.

Purpose of a release deed

The main purpose of a release deed is to transfer, relinquish or release one party’s rights, claims, and interests in a property to another party. This is applicable in various scenarios, such as:

Co-owner of a property decides to give up his shares
When a borrower repays a loan secured by the property
When one family member decides to release his stake during family settlements

What is an ancestral property?

An ancestral property typically includes immovable assets inherited through generations without division or partition. In India, it refers to a property inherited from a father, grandfather, or great-grandfather, up to four generations, by descendants as coparcenary property. It is subjected to specific legal regulations broadly defined under the Hindu Succession Act 1956.

A property should fulfil the following criteria to be classified as an ancestral property.

If a property is held within a family for four or more generations without division
If the property has not been sold
A common male ancestor should have acquired the property

One should note that the legal implications of an ancestral property will depend on the specific laws governing inheritance in the region.

What is a registered release deed of ancestral property?

A registered release deed of ancestral property is a legal instrument in which a person gives up his share or interest in favour of another co-owner or heir. The ownership rights are transferred through the deed, releasing the relinquishing party from any claims or liabilities associated with the property. This deed must be registered with the sub-registrar’s office to ensure its legal validity.

Who can challenge a release deed of ancestral property?

A legal heir or co-owner of a property who feels aggrieved by the terms or execution of a release deed of ancestral property can challenge the release deed in a court. The challenges may be related to allegations of force, fraud, misrepresentation, or violation of legal rights. Based on the evidence presented, the court will verify the validity of the registered release deed and may revoke or modify it.

Scenarios when a release deed can be challenged

Fraud or misrepresentation: The deed can be challenged in a court if it was obtained through fraud or misrepresentation. This is applicable if it is proven that one party coerced or deceived another party into signing the release deed.
Invalid consideration: There must be a valid consideration, something of value exchanged between the parties involved. In case of invalid or insufficient consideration, the deed can be challenged.
Undue influence: If one party exerted undue influence over another during the creation or signing of the release deed, it can be challenged.
Violation of rights: The release deed can be challenged if it violates the rights of a party involved, such as the rights of a minor or a person of unsound mind.
Violation of legal requirements: A release deed can be challenged in case of non-compliance with certain legal requirements, such as proper execution and registration.

How to challenge a release deed of ancestral property?

The release deed can be challenged on the grounds of coercion, fraud, undue influence, or violation of legal rights. If one party decides to challenge a release deed of an ancestral property, they must file a lawsuit in a court of law. The challenging party is required to present valid evidence supporting its claim and prove that the said release deed of ancestral property is invalid or unjust. One also requires a legal counsel and thorough documentation in this regard.

What is the time limit to challenge a release deed of ancestral property?

One can challenge a release deed of an ancestral property within three years from the date of transfer. However, one should consult a legal expert to understand the applicable period in his jurisdiction.

Housing.com News Viewpoint

A registered release deed of ancestral property is a useful legal instrument in resolving property disputes. However, challenges may arise from a registered release deed when one party decides to file a lawsuit challenging the deed. This is a complex legal process and has implications on property rights and familial relationships. During the process, one also should provide sufficient evidence and adhere to the stipulated time limit. Thus, it is advisable to consult a legal professional before deciding it.

FAQs

What are the rules for release deeds?

Release deeds must comply with the rules outlined in the Indian Registration Act 1908 and the Stamp Act in the respective state.

What is the difference between a relinquishment deed and a release deed?

Both documents are used for the relinquishment of rights. However, a relinquish deed involves giving up one’s claim or interest in favour of another party without any consideration. On the other hand, a release deed may involve consideration for the release of rights and commonly used in property settlements and other transactions.

Can the registered release deed be revoked?

A release deed is a legally binding document that cannot be revoked after registration under normal circumstances. It is proven that it was executed under coercion, threat or fraud or other valid reasons, one can file a suit in a court to cancel the release deed.

What is a release deed for ancestral property?

A release deed for an ancestral property is a legal document by which a co-owner or legal heir gives up his share or interest to other co-owners or heirs.

What is the time limitation to challenge a release deed?

The time limit for challenging a release deed is three years from the date of transfer.

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Harini Balasubramanian

Harini is a content management professional with over 12 years of experience. She has contributed articles for various domains, including real estate, finance, health and travel insurance and e-governance. She has in-depth experience in writing well-researched articles on property trends, infrastructure, taxation, real estate projects and related topics. A Bachelor of Science with Honours in Physics, Harini prefers reading motivational books and keeping abreast of the latest developments in the real estate sector.