Father expired. is it possible to cancel written settlement?
Thirumurugan
(Querist) 13 August 2014
This query is : Resolved
Dear Lawyers,
One of brother, by threatening father, he has written a settlement deed for him. Is it possible to cancel that settlement deed?
I have evidence that settlement deed written by compulsion/ threatening.
Is there any way to cancel that?
Thanks
Thiru
Devajyoti Barman
(Expert) 13 August 2014
He can file civil suit for declaration for setting aside the said deed.
However I find little merit in the case.
P. Venu
(Expert) 13 August 2014
Is the deed registered?
Thirumurugan
(Querist) 13 August 2014
Dear Lawyers,
After father expired only, I am coming to know one by one. That time my father also not told anything and I did not asked also.
The partition issue started on 1991. To write a complete issue, may take few pages. So, I am querying , which one possible to apply to the current situation.
Yes. The settlement deed registered in Register office. But the land which are in settlement is under SBI's mortgage.
So, How to cancel the deed?
Or how to block Patta Transfer?
And other legal heirs not ready to pay the loan amount. So, I am planning to pay them also by sale of 1 acre land. How to prove that I have paid for other legal heirs legally? So, that they can agree that everyone should pay the loan amount as per their proportion in SBI Bank.
Thank you sir
Thiru
M.Sheik Mohammed Ali
(Expert) 13 August 2014
you should go court for cancellation of settlement deed, after that you can take further steps.
ajay sethi
(Expert) 13 August 2014
better contact a local lawyer . necessary to go through various documents mentioned by you to advice
Rajendra K Goyal
(Expert) 13 August 2014
From the facts given, it seems no strong case in your favor except when strong evidence are available in your favor. Consult a local lawyer and show him all the documents.
K.K.Ganguly
(Expert) 15 August 2014
1.First file a partition suit of your father's property duly sending notice to your brother,
2. After getting the said notice, your brother will place his demand of the entire property by producing the said settlement deed,
3. On receipt of a copy of the same challenge the said document as having executed by your father being coerced by your brother,
4. You must collect enough evidence about the said coercion to prove before the Court.
T. Kalaiselvan, Advocate
(Expert) 18 August 2014
As rightly suggested by expert Mr. Ganguly, a partition suit on the line observed will be the better option, declaration or suit for cancellation of settlement deed at this point will be a waste of time, money and energy, moreover since the property is mortgaged with bank, any other legal case may not be effective except a partition suit. Consult a local lawyer and take his further advise on the subject and proceed.
