Family settlement

svdrja (Querist) 24 January 2014 This query is : Resolved
I and my father made a family settlement in the year 2006. My father made many oral promises. But I was cheated. Can I cancel the family settlement. that document itself purchased by by father name itself.

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Advocate. Arunagiri (Expert) 24 January 2014
If any condition is made int he settlement deed, if that was breached, you can prove it and can revoke the settlement.

svdrja (Querist) 24 January 2014
no conditions are made in the settlement document.

Advocate. Arunagiri (Expert) 24 January 2014
If no conditions is made in the settlement, you can not revoke the settlement deed.

Devajyoti Barman (Expert) 24 January 2014
When the agreement is reached and put into writing by way of family settlement , you can not take plea of any oral agreement.
In any case family settlement once executed can be revoked unless you can prove in court that it was executed by sue of force and coercion.

BAALASUBRAMANNYAMM (Expert) 24 January 2014
You can claim to the extent of your share only, made in the family settlement from your father. But, the said property is his self acquired property, you have no right to defend on him.

Rajendra K Goyal (Expert) 25 January 2014
You can not get back from the family settlement till you can prove that it was made force and coercion or the conditions mentioned it were not fulfilled.

T. Kalaiselvan, Advocate (Expert) 25 January 2014
It can be revoked if it is an unregistered document. Oral promises cannot be construed as breach of faith and an act of cheating. In your father's self acquired property, you cannot go beyond the settlement deed.

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