Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiffs and their mother relinquished their right over properties of deceased by executing release deed - Said release deed is binding upon them - Thus, plaintiffs and their mother is estopped from contending that release deed was not binding upon them...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........
Banking law -- One Time Settlement Scheme (OTS) - OTS restricting sale of mortgaged property within three years of settlement - Admittedly, sale not made within said period - Possession of mortgaged property not delivered to first respondent so far - Three years lock in period expired - Creation of third party interest or arrangement by way of agreement for sale within..........
Hindu Law -- Co-parcenary property - Release deed - Validity - Where in the release deed share itself is released for the benefit of all other members of Joint Hindu Family and would have no claim or any other right in properties of Joint Hindu Family, said release deed is valid...........
Stamp Act, 1899, Section 35 -- Release deed - Insufficiently stamped - Admissibility - Where release deed does not contain requisite stamp fee, such document is not admissible in evidence - But it could merely be an irregularity which can be cured by deposit of stamp duty - Contention that no title is passed on the basis of said document, held, rejected...........
Hindu Law -- Ancestral property - Release deed - Release operates on the same footing as a gift of ancestral property and void in law - If it is brought in challenge by a person who is not made a party to release, he is entitled to obtain a declaration that release is void...........
Registration Act, 1908, Section 17 -- Release deed - Claim of title - Claim of defendant on the strength of unregistered release deed in his favour by mother of plaintiff who herself did not have any right in it, does not convey any right to defendant and held to be not a valid document...........
Release deed -- Release can be made in favour of a person who has a pre-existing right and interest in property - It would make no difference even where the release is without consideration as the release can only feed title and cannot transfer title...........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
Release deed -- A document under which a Hindu coparcener purports to give up his right to family property in favour of remaining coparcener would not be a deed of conveyance but a deed of release - But where he executes the document in respect of his share in favour of a particular co-owner, it cannot be treated as a release and must come within the definition of..........
