Recocation of settlement deed
aananth
(Querist) 20 September 2018
This query is : Resolved
Settlement deed was registered as irrevocable. It was revoked after one year. In the Deed for Revocation, it was stated, the subject property was not in the settled persons use, settlees did not accept the settlement; in truth the property is in the hands of one of person named in the settlement deed for more than 15 years, where he is running a business for his living. Six persons were named in the settlement deed. Three brothers did not accept this revocation. Original is in the father's (Settler) possession. What we have to do? It was done unilaterally by the settler. Is there any remedy? The Sub-registrar's office is in Tamilnadu. Thanks Experts in advance.
aananth
(Querist) 20 September 2018
Dear Expert
What legal step I have to take now?
P. Venu
(Expert) 21 September 2018
Facts, as posted, lacks clarity.
ashok kumar singh
(Expert) 21 September 2018
agree with expert opinion...............................
kavksatyanarayana
(Expert) 21 September 2018
Your query requires clarity. As per query it is understandble that your father made a Gift settlement deed in favor whom? whether the property is self acquired by your father or not?
aananth
(Querist) 24 September 2018
Dear Expert
The Settlement Deed was in favour his six sons, out of which three sons worked overseas and sent all money to fathers/ Father registered the property on his name. Suo motu settled the said property last year on six sons name including me. Now he has revoked the settlement deed.
Now what I have to do?. I am running a business in that premise for more than a decade.
Thanks Expert.
Raj Kumar Makkad
(Expert) 24 September 2018
Once settlement deed registered and mutation thereto entered in the revenue recod, the same cannot be revoked. Your father has not remained owner to the mentioned property so revocation is invalid which requires to be challenged before civil court.
aananth
(Querist) 24 September 2018
Dear Expert
On Good faith, property and electricity name was not changed. Still, we can challenge the same before civil court?
Thanks Expert.
P. Venu
(Expert) 24 September 2018
Name in the revenue records or in the electricity bills etc. are not absolute as to title to property.
aananth
(Querist) 25 September 2018
Thanks Experts
Is it necessary to give notice to local subregistrar;s office?
krishna mohan
(Expert) 22 October 2018
Yes it is worth to consult a legal expert on property matters of your region with all documents including the cited settlement deed for right guidance. I agree with the view of expert Mr.Satyanarayana.
Guest
(Expert) 22 October 2018
If all the Original Documents , including the Parent Documents and the Original Settlement Deed Documents were lying withe the person who had executed it and if no Transfer is Effected the Registrar could Very well cancel the Same after verifying the same.
Guest
(Expert) 22 October 2018
First try to understand the Settlement Deed is a document which would be Registered with out the presence of the Person in whose favor it had been Registered.
Guest
(Expert) 22 October 2018
The Registrar who had cancelled it is Legally Perfectly Right.
