Cancellation of dhana settlement

Guest (Querist) 01 March 2016 This query is : Resolved
Hi. I'm naya.I have one elder sister and elder brother. 1.Brother 2. Sister and 3.me. My mother gave her property as dhana settlement to my brother on last feb. He changed the property tax to his name. Last month my dad was died and my mother was now hopeless. And we sisters both were married. And on our dads death only we came to know that my mom gave the property as dhana settlement to my brother.last month only my brother too got married. And due to some FAM problem and on my brothers mrg. My mother wants to cancell the settlement and want to share for all. Is this is possible or not.and whether my mother can have rights to cancell t or not. If so then how she can apply for that. Bcz my brother won't care my mother further. So my mother was too frustrated and asking us to help in this issue. Please anyone guide us to recover my mother along with her property.

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kavksatyanarayana (Expert) 01 March 2016
is the settlement registered or not? what are the contents in that deed? A settlement deed can be revoked (cancelled) by the donor. as your brother already got mutation in the municipal/panchayat records. so again it should be got mutated in your mother's name.

Guest (Querist) 02 March 2016
Thanks sir for ur valuable suggestion. And the settlement document was registered. In that document my mom specified that he should take care of her all survival things till her death and so she donated her property for his debt in case of love on him. This is the content on that and the property details. Sir. And one more thing is there any time duration limit was there to cancelled the deed. Bcz some frds told that with in one year from the date of registered only the deed can be cancelled. So got confused. Pls give the correct solution for this sir. Bcz my mother is suffering a lot by day by day.

P. Venu (Expert) 02 March 2016
It appears that your mother is a senior citizen. There are provisions in Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to take care of the high handedness of your brother.

Rajendra K Goyal (Expert) 02 March 2016
In whose name the property belonged to?
What is dhana settlement, if it is gift, through registered deed, it would be difficult to revoke.

Your mother can file case if some technical drawbacks if noted in the deed / procedure / facts.

Guest (Querist) 02 March 2016
OK sir. And just before came to know that my brother had a martage loan by using of this donated property. Six months loan due also he paid. Now the need from my mother is only thing ... How to get back her property from this issue?. She need the property back and want to make share for all her heirs. That is my brother, my sister, and me. So please sir tell time the procedures to cancell the deed or to retain her property back

Guest (Querist) 02 March 2016
Dear Rajendra sir, name of the property belonged to my mother only. She give as a gift and it was registered too. Due to my fathers sudden death my mother was treated as too bad in front of my relations. As a married daughters we doesn't know to help my mother in this property issue. So is there any possible from us to resolve means pls tell me sir. It was registered o 31 .march.2015

Guest (Querist) 02 March 2016
Dear venum sir, kindly elaborate ur suggestion. How to do?

Guest (Querist) 04 March 2016
Can any one help us to recover the problem and to save my mother

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