Erode | 07 May, 2021 (5 months, 1 week ago)

Property Law

Can a release deed be cancelled claiming that one signed without reading deed ?

Below are the details of the property partitioning made between me, my mother and my younger sister. Properties: A two storey house under my father's name ( my father died 11 years ago) - lower level built by my father ( my mother lives here currently ) - 1st floor built by me after ( me, my wife and my kids live here ) There were two lands and a commercial building under my mother's name. I took the house and the commercial building through a release deed from my mother and sister. I accepted to allow my mother to live in the lower level all her life. My sister took the two lands through a release deed from me and my mother. Later, she had sold the lands. Now, my mother, sister joined hands and filed a suit with my mother as plaintiff claiming that she did not read the release deed of transferring the house to me, as she trusted me. She stated that she also believed that the deed was actually containing the details of equal partitioning (1/3 for each) between her, me and my sister. She has also claimed that the 1st floor building was constructed by my father. Will the court accept that my mother signed the deed without reading since she had trust in me?
Answers
07 May, 2021 | 14:47

It is your mother case so the burden of proof is on your mother to satisfy the court of its genuineness. I think its a challenging case and if you were a bengali or hindi speaking person I would have loved to take up this case but anyway a good lawyer will be able to defend your case and prove that your mother is now trying to do some conspiracy under the influence of your sister to divest you of your share in the property.


Asker 07 May, 2021 | 15:03

Thanks for your advise! This issue is taking a toll on my family’s peace. I was about to start a construction work on the house, my mother has got a status quo from the court. The first hearing is on 11th June. Looking forward to get a positive result.

07 May, 2021 | 08:24

Yes
You can call me for advise on mobile no 9359867870
Advocate IRFAN SHAIKH


Asker 07 May, 2021 | 15:00

Thanks! I would like to hear little more comments from you before reaching you.

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