Cancelletion of settlement deed
shanmugman
(Querist) 06 September 2014
This query is : Resolved
Dear Experts,
my mother has executed a settlement deed in my name (registered in registration office)and now myself & my mother (mutually) thinking of cancelling this settlement deed and get registered this in registration office.
This property was a self earned property of my mother.
In the settlement deed it has been written that my mother wont cancel this settlement deed in future.
Can me amd my mother cancel this settlement deed ? if yes then what is procedure. pls explain. Thanks
V R SHROFF
(Expert) 06 September 2014
If only two of you are concerned; you can execute another settlement Deed and register, cancelling earlier one..
Rajendra K Goyal
(Expert) 06 September 2014
If all parties to the deed agree, it can be cancelled.
ajay sethi
(Expert) 06 September 2014
yes it can be cancelled by consent of parties
Raj Kumar Makkad
(Expert) 07 September 2014
I have also similar opinion as expressed above.
T. Kalaiselvan, Advocate
(Expert) 08 September 2014
You can cancel the settlement by executing a cancellation deed mutually agreed by both the parties and signed jointly to this effect, getting it registered before the concerned register office.
Guest
(Expert) 08 September 2014
Your mother could cancel the settlement deed.Your consent is not required at Registrar Office.A simple statement Of Not Required is enough to cancel.Consult Senior Document Writer at Registrar Office.
Advocate. Arunagiri
(Expert) 08 September 2014
Once the property is settled, the rights over the property is transferred from your mother. She has no right over the property, so, can not cancel that settlement deed.
But, if both the parties agree they can cancel the settlement deed.
Raj Kumar Makkad
(Expert) 08 September 2014
Settlement deed can definitely be cancelled by mutual agreement by parties concerned.
Guest
(Expert) 09 September 2014
Dear Author Have you checked with the Registrar Office.You could even confirm the same over phone with any Registrar Office.Your Mother could cancel the same with out your consent.Section 23 of Parent and Senior Citizen Act 2007 would be in your mother's support.
Raj Kumar Makkad
(Expert) 09 September 2014
If the settlement-deed was based upon certain conditions only then section 23 as suggested by NJS can come to help your mother. The provision is re-produced below:
23. Transfer of property to be void in certain circumstances
Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option ofthe transferor be declared void by the Tribunal.
Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
shanmugman
(Querist) 10 September 2014
Experts Thanks for your replies.
Scenario is like this:
My Mother & father are staying with me and both are looked after well by me and my wife.
Me and My brother are two sons to my mother. This property is a self earned property of mother and she has settled the property to me whole heartedly.
Me and My mother are planning to sell this property (currently settled in my name).
I was thinking of either selling the property by myself or performing a cancellation deed and then sell through my mother.
without making a cancellation deed can i sell the property (considering the fact that i am going to have my mother a witness signature in the sale deed)
?
In future if my brother raises any dispute through court will it affect me or the buyer? Please Explain
shanmugman
(Querist) 10 September 2014
Experts Thanks for your replies.
Scenario is like this:
My Mother & father are staying with me and both are looked after well by me and my wife.
Me and My brother are two sons to my mother. This property is a self earned property of mother and she has settled the property to me whole heartedly.
Me and My mother are planning to sell this property (currently settled in my name).
I was thinking of either selling the property by myself or performing a cancellation deed and then sell through my mother.
without making a cancellation deed can i sell the property (considering the fact that i am going to have my mother a witness signature in the sale deed)
?
In future if my brother raises any dispute through court will it affect me or the buyer? Please Explain
Advocate. Arunagiri
(Expert) 10 September 2014
Nice clarification by Mr.Makkad.
You are having the valid title. You can sell it. Please do not travel beyond that.
Raj Kumar Makkad
(Expert) 10 September 2014
You can definitely sell the property without cancellation of the settlement deed. Your mother can become the witness thereto and your brother cannot raise any objection.
shanmugman
(Querist) 10 September 2014
Thank you all the experts....great website with excellent experts..once again thanks for your time experts
Raj Kumar Makkad
(Expert) 10 September 2014
I also pay thanks to you for appreciating the site as well as the experts.
