Cancellation Of Release Deed Case Filed By My Brother | Vkeel - Free Legal Advice

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MUMBAI

After the death of my mother the her flat was transferred on my name by released deed duly signed by my younger two brothers and father. The same is was registered. My one brother took undue advantage of illness of my father and made a will mentioning cancellation of the said release deed. He has filed a case in Mumbai city civil court Churchgate for the cancellation of the said release deed on some false reasons. The property is in Andheri , but he has filed a case in city civil court at Churchgate. ( He stays at worli) First he filed a case to Bombay high court but court directed to file the same in city civil court. (as the property value is not much) Can the registered release deed be canceled ? and how I can secure my rights and property? As the property is in Andheri, then how he can file a case in Churchgate city civil court ? Can I raise this point in City civil court Churchgate and ask to transfer it into City civil court at Dindoshi?

Expert's Answers(4)

Advocate Kishan Dutt Kalaskar
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, Firstly the case was filed in the Court having no territorial jurisdiction. Secondly the Release Deed cannot be cancelled unless the executors give a consent for the same.

March 14, 2024
Advocate Yogesh Navmahalkar
Jalna, Maharashtra

17 Client Ratings

The case depends on merit and evidence. The case should be filed the city were the property reside.

March 10, 2024
Advocate Satej C More
Mumbai, Maharashtra

16 Client Ratings

Yes you can challenge the jurisdiction and also challenge the will. Needs all the facts of the case before giving any further advice

March 9, 2024
Adv Mukul Kumar Singh
Lucknow, Uttar Pradesh

3 Client Ratings

Yes you are entitled to put jurisdictional objection in the ongoing Civil suit at the very initial stage itself. For further informations you are free to contact. Thanks.

March 8, 2024