RAJVEER
Legal Opinion on Defending Against Claims Based on Release Deeds in Ancestral Property
RAJVEER SINGH 13 Aug 2024


Background:

  1. Ancestral Property and Koorchit of 1973: The ancestral property was divided between two branches of a family by way of a Koorchit (family partition deed) in 1973.
  2. Sale of Share by One Branch: One branch of the family had sold their share of the property through registered sale deeds to third parties before 1960. Subsequently, they declared through a registered deed in 1972 that they had exhausted all their share in the particular Survey Number.
  3. Release Deeds of 2002: Despite the prior sale and declaration of exhaustion of share, two brothers from the branch that had already sold their share executed two release deeds in 2002. These deeds purportedly released their interest in favor of each other regarding the share of their cousin's property.
  4. Purchase by Client: The client (referred to as "you") has purchased the property from the branch that legally owns it.

Legal Issues:

  1. Validity of the Release Deeds of 2002: Can the release deeds of 2002 executed by the two brothers, who had already exhausted their share in the property, create any valid claim over the property that had already been sold?
  2. Defense Against the Claims: What legal defenses can be raised to counter the claims made by the litigants based on these release deeds?

Legal Analysis:

  1. Exhaustion of Share:

    • The branch that executed the release deeds in 2002 had already sold their share of the property before 1960 and, in 1972, formally declared through a registered deed that they had exhausted their share in the particular Survey Number.
    • The principle of “Nemo dat quod non habet” (no one gives what they do not have) applies here. Since the brothers had no interest in the property after selling their share and declaring the exhaustion of their rights, they had no legal standing to execute release deeds in 2002. Therefore, the release deeds are void ab initio (from the beginning).
  2. Doctrine of Estoppel:

    • The branch that sold its share and later declared the exhaustion of its rights is estopped from claiming any further interest in the property. “Estoppel by deed” prevents the parties from asserting something contrary to what is established by a previous deed.
    • The brothers who executed the release deeds in 2002 are barred from making any claims against the property, having already declared that they have no remaining interest.
  3. Legal Standing of the Client’s Purchase:

    • You have purchased the property from the branch that legally owns it, and your title is clear. The execution of release deeds by individuals with no interest in the property does not affect your legal title.
    • Under Section 48 of the Transfer of Property Act, 1882, when the property is transferred, any subsequent transfer by the same person has no legal effect.
  4. Defense Against the Claims:

    • File a written statement challenging the validity of the release deeds of 2002, highlighting that the executors had no title or interest to release, rendering the deeds null and void.
    • Plead the doctrine of “res judicata” if there have been prior judicial decisions regarding the sale of the property by the said branch, which may prevent the litigants from reopening the matter.
    • Emphasize the principle of “caveat emptor” (let the buyer beware) if the opposing party claims to have purchased the property based on the release deeds, arguing that they should have exercised due diligence.

Conclusion: The release deeds executed in 2002 by the brothers from the branch that had already sold their share and declared exhaustion of their rights are legally ineffective. They cannot create any valid claim over the property you have purchased. You are advised to prepare a strong defense emphasizing the doctrines of nemo dat quod non habet, estoppel, and res judicata to protect your title and interests.

If litigation arises, ensure that all relevant documents, such as the sale deeds, the 1972 declaration, and the Koorchit of 1973, are presented to establish a clear chain of title in your favor.

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