revoke the irrevokable setllement registerd deed
shanmuga sundaram
(Querist) 10 October 2009
This query is : Resolved
sir,i am now living in my own earned house with the title of my wife,as a registerd document. we have given this only living house to my eldest son as a registered settlemnt deed with the intention to ease his positon for further devolpment of this property.But as our bad luck struck,the eldest son died intestat about an year ago.During his life time he had earnd propert
ies in his &wife name.Ihave also a grand son aged 13 years.His own earnd properties worth many crores.Now it is not possible to live with our daughterinlaw.We are franticaly looking for ways to get that setllment deed cancelld & take back the possesion of ownership of the house.We both are senior citizens living on small pension & rental income.How to get my problem resolved without spending much time & money in the court.thanks.
adv. rajeev ( rajoo )
(Expert) 10 October 2009
Sir,
What is this settlement deed, what are it's contentions? without all these it is not possible advise, because if we go thru., that doucment some thing will get to advise.
Is there any condition it is to be looked.
shanmuga sundaram
(Querist) 10 October 2009
sir,thank u for ur prompt reply.
The settlement deed is a registerd document through which the property has been given to my son for absolute ownership.
There is a condition on the document that the backside portion of the main house will have the living rights for the parents as long they are alive,which includes renting out to anybody,& collect the rent as sole income.
The settlement was done out of natural love and affection & no consideration was received for the settlment.And this took place between mother & son .
The essence of the settlment is almost like a gift deed but not in real sense it was a gift, & the word 'gift, is not mentiond anywhere in the document.Hope my position is clear.
shanmuga sundaram
(Querist) 10 October 2009
sir, please do not mind to clear my one more a clarification on the following subject.
I own a small piece of 41/2 cents
of land in which, from my own earning constructed a shopping complex,which gives a rental income of about rs 20000.The property is self earned by my grandfather.
He has given to my father through a
"WILL document".And my father died intestate.There were 8 legal heirs ,including me.Me& my elder brother called in all the legal heirs & explained to them that the property will be fragmented if a partion is made.Instead we proposed to buy the property from each legal heir at the prevailing market price.
That has been agreed upon by all the legal hairs,& the total value was assessed.
Each heir was given cash to their share.
And a release deed was obtained & the document has been registered also.
Now i would like to know,Is that property is to be taken as my own self earned,
can any of my heirs claim as an ancestral property. On the basis, that my share of the property has ancestry & they have share in it.The property is about 100 years old & now become a prime location in that town.Please enlighten me.
thanks.
a.manoharan
(Expert) 10 October 2009
your property is self-acquired property of both of you and your brother
Raj Kumar Makkad
(Expert) 11 October 2009
Settlement Deed though registered is not a valid transfer document of immovable property though it may be self acquired so transfer is voidable on the part of your wife and it can be cancelled through civil court.
Adinath@Avinash Patil
(Expert) 11 October 2009
YOUR PROPERTY IS SELF ACQUIRED PROPERTY.YOUR SETTLEMENT DEED IS VOIDABLE, ON THE PART OF YOUR WIFE AND IF IT CHALLENGED IN CIVIL COURT IT CAN BE CANCELLED.
Sachin Bhatia
(Expert) 11 October 2009
The Settlement Deed of a self acquired property is not a valid transfer document & the same can be challenged by your wife in the Civil Court.
