LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Balasubramanian (consultant)     14 April 2011

Cancellation of settlement deed

This is a case of my close friend Mr Raja . His father Mr Viswanath settled one half his self earned property (land +house) to his married daugter Mrs Lakshmi in July 2007. It is a irrevocable unconditional settlement deed , the same registered in the SRO. Mrs Lakshmi did not take possision as she lives with her husband who owns a house in city nor change the names in the corporation, Metro water & EB. Since Mrs Lakshmi does not have any children she made a settlement deed to her only brother in March 2008. However, Mr Viswanath with any information to his daughter cancelled the selltement deed in Feb 2008. Both Mr Raja & Mrs Lakshmi filed a suit in the city civil court with a prayer to declare the revocation deed NUL & VOID. After trials the judge dismissed the suit on the basis that Mrs Lakshmi did "NOT Act upon" on the settlement deed. Pl guide on what remady is there for the brither & sister to claim the property. .


Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 April 2011

Still the property is in the name of the father, if he is no more then divide the property equally and let the sister to execute the rights relinquish deed in her brother's name.

Balasubramanian (consultant)     15 April 2011

Sir, A small correction & upate

                                                                   Correction

"However, Mr Viswanath with any information to his daughter cancelled the selltement deed in Feb 2008"

                                                                       Read as below

However, Mr Viswanath without any information to his daughter cancelled the selltement deed in Feb 2008

                                                                         Update

Mr Viswanath is still alive. The son & daughter have taken the case to the Appelant / High court.  what is the probability of successes.

 

Balasubramanian (consultant)     17 April 2011

Any Response?

Balasubramanian (consultant)     24 April 2011

Awaiting further guidence

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register