Family property
senthilkumaran
(Querist) 29 December 2012
This query is : Resolved
Hello,
coming straight to the case
my grandmother has 4 sons 2nd and 4th son has died already, she had 12 cents house own earned property, so my grandmother has made a settlement for the 1st son and 3 rd son 6 cents each and she has written that she will stay in this house till her death and she could not change the settlement further in 2004,1st and 3 rd son are rivals they dont talk each other,suddenly there is a problem with my grandmother and 3rd son , so my grandmother decided to cancel the settlement in 2010, she has file the cancellation document in the registered office and registered it , then she files the case in bench court and ask the judge to cancel the settlement ,1st son has 3 daughters, the case was in the court in the mean time she had made a will that 12 cents belong to 1st son 3 daughter and she register in the register office. cancellation case going on in the court but unfortunately my grandmother died in the middle of the case, so the 1st son 3 daughter ask them to join in this case behalf of grandmother , 3rd son lawyer has given no objection to join them in case, finally the court verdict came , judge has given the cancellation of settlement and 12 cents house goes to 1st son 3 daughters,
i like to know whether the judge has given the right judgement or the 3rd son can be re-apply to sub court
i have read that Suprecourt has said “Once a gift is complete, it cannot be rescinded.”
since my grandmother has made condition that she can live till her death whether she has right to cancel the settle ment
http://www.lawyersclubindia.com/news/A-gift-can-t-be-taken-back-SC-13653.asp#.UN6VTqxAbIU
i have paste the suprecourt link, i need a reply waiting for the final words
prabhakar singh
(Expert) 29 December 2012
All said all right but how do you have an approach that the first document was a GIFT?
Without going with all the brief of the case no valuable or true opinion can expressed in your case.
senthilkumaran
(Querist) 29 December 2012
in the settlement document it is written as gift for 2 sons
if u need any other information please message i can give
senthilkumaran
(Querist) 30 December 2012
can anybody say about this query
senthilkumaran
(Querist) 08 January 2013
i have not get answer for this query
ajay sethi
(Expert) 08 January 2013
it is necessary to go through the court order toa dvise . if you are aggrieved by order file appeal
Guest
(Expert) 08 January 2013
Your question does not give complete picture. Also there semms to be a case of misinterpretations, which can only be solved by examination of documents. The case of the link provided by you was also seen. That of course is a clear case of misinterpretation of judgments. I have already given my comments on that page.
In this case, it would be better if you consult some local expert by showing him the copy of judgment as well as the settlement deed to have his expert opinion with reference to the language of the settlement deed vis-a-vis the judgment. You can feel free to send copies of the scanned documents at the email ID: dcgroup1962@gmail.com
