Family dispute
Querist :
Anonymous
(Querist) 12 December 2011
This query is : Resolved
Hi
I am anuj rana I have a question and I need your opinions
My father owned a plot in the name of my grandfather , and after death of my grandfather and grandmother my uncle clamed for that property and my father agreed for that
In year 2003 they made family settlement cum deed in which it was written that my father is leaving his half build house and he gave 12dismil land in my village which was owned by my father and two uncle instead of that they leave share on the town plot and my father gave 38 thousand to both of them but it was not mentioned in the family settlement cum deed
Now in 2011 they are telling that they will not follow the family settlement cum deed and they want share on town plot property.
So is it possible to cancel the family settlement cum deed
adv. rajeev ( rajoo )
(Expert) 12 December 2011
If it is regd., and it is acted upon then it cannot be cancelled.
Nadeem Qureshi
(Expert) 12 December 2011
yes it can be cancel. specified terms & condition of the deed
feel free to call
Advocate M.Bhadra
(Expert) 12 December 2011
To give proper advise it is needed to read over the said Family Settlement Deed.If it is registered and signed by the both uncle and also have their acknowledgement of received money, in that case there would not be problem,otherwise they can claim their share.
V R SHROFF
(Expert) 13 December 2011
It seems, Family Settlement was not registered,
if so, the concerned parties can cancel it, and go for fresh FS
Raj Kumar Makkad
(Expert) 13 December 2011
Things once settled by way of a duly signed document either registered or unregistered, gives it finality and no party to the deed can be permitted to reconciled as is been seen in the present case.
If the town plot is duly mentioned in the aforesaid deed then your both uncles are liable to follow the terms and conditions of deed otherwise they are free to agitate.
Guest
(Expert) 14 December 2011
I agree with Shri Makkad. But, if the family so desires, it can enter in to a fresh settlement deed making due reference to the previous settlement deed and treating the previous deed to have been revised by the present deed.
