nullifying a deed of settlement
Shankaran V.
(Querist) 31 March 2010
This query is : Resolved
i executed and got registered a deed of settlement transferring my self-earned flat in favour of my 3 children. there is a statement in the deed that myself and wife - both above 82 wiil be staying in the flat during life time.The document is in my possession and and its existence not disclosed to ayone except my ife. Now it's my desire to exclude one of the 3 beneficiaries, due to his worst behaviour with us and family membes.Can i cancel the deed and keep back the flat for disosal according to my own wish. kindly enlighten me. veeyes
Devajyoti Barman
(Expert) 31 March 2010
As the said deed is not acted upon in the meantime, you can surely make amendments in the same as per your wishes as to get it registered as well if the original deed is registered.
Shankaran V.
(Querist) 31 March 2010
thank you Barmanjee for youradvice do you mean to say that i could add another stamp paper page to the original deed, stating that so and so mentioned in the deed should be delated from the original for reasons.... etc? regard.
Parveen Kr. Aggarwal
(Expert) 31 March 2010
You have not specified from which date the deed of settlement was to take effect?
You have also not stated in which capacity you and your wife were to STAY in the flat during your life-time?
Both these aspects are material to decide whether the deed may be construed as will or not.
Shankaran V.
(Querist) 01 April 2010
the deed was executed 30th april 2007. relevantt condtioninrporated thin are as below.
more fully and particularly described in the schedule hereunder in favour of the SETTLEES jointly each getting undivided 1/3 share of the property, subject to the following terms and conditions
1, The SETTLOR has today delivered vacant possession of the property, hereby settled, to the THREE SETTLEES
2, The SETTLEES are free to enjoy he property jointly, in whatever manner they choose hereafter
3. Neither the SETTLOR, nor any body claiming under him shall interfere with the possession and enjoyment of the property by the SETTLEES
4. The SETTLOR or any person claiming under him shall under no circumstances claim any right, title, interest or ownership over the property hereby settled in entirety or in a portion of he property hereby conveyed.
5. The SETTLEES shall derive all the rights title and interest of the SETTLOR in the property hereby settled.
6. The SETTLOR does not reserve any right of revocation of the settlement under any circumstances
7. The SETTLEES shall jointly enjoy hw property hereby settled, each being entitled to undivided 1/3 share in the property hereby settled.
8. The SETTLOR has executed this document out of his free will without any coercion or compulsion from anybody
9. The SETTLOR has delivered all the original documents of title to the SETTLEES
10, The SETTLEES shall effect the transfer of names in the property tax register department of the Chennai Corporation, water board and also the electricity service connection including the meter deposit in respect of the SAID PROPERTY. The SETTLOR has no objection for the same
11. The SETTLEES shall hereafter pay all taxes in respect of the property hereby settled such as property tax, water charges, and electricity charges. The SETTLOR has paid the charges up to date and nothing is due from the SETTLOR to anybody by way of tax
12. There are no encumbrances over the property hereby se4ttled
13. The SETTLEE shall permit the SETTLOR and his wife to live in the property till the life time of both of them free of any rent.
deed was executed on 30/4/2007
kindly advise me if the deed can be revoked/nullified. thanks
Deekshitulu.V.S.R
(Expert) 01 April 2010
A perusal of the above deed shows that the settlor has no right or authority to cancell the settlement deed. That too as per law whenones the deed is registered, there cannot be unilateral cancellation of the deed. Both parties must agree for cancellations of the deed. Hence be happy living in the said property.
Swami Sadashiva Brahmendra Sar
(Expert) 31 March 2010
