Revocation of Settlement Deed
Selvam Perumal
(Querist) 11 July 2009
This query is : Resolved
Dear Sir,
I am expecting your kind clarification on the following query:
A dwelling house stands in the name of the Husband. He died intestate by leaving his wife and one Son.
So now the said Son and his mother are the real sharers of that house.
In the meanwhile the mother had executed a registered Settlement Deed thereby bequeathed her share infavour of her son on condition that he can enjoy her share in addition to his share after her life-time.
After executed the said Settlement Deed her son had shown his cunning attitude thereby he had beaten-up his mother and thrown away from that house and as such now she had been staying at Centre for Old-aged Persons.
Under these circumstances now the mother intends to cancel the said Settlement Deed executed infavour of her son since her son ill-treated her.
Sir, in this regard I am having a doubt that is it possible under law for cancelling the said Settlement Deed since though it was executed by the mother infavour of her son but it was executed only on a condition that it will come into effect only after her death.
Expecting your valuable clarifications in this regard.
A V Vishal
(Expert) 11 July 2009
Dear Selvam
The old lady can revoke the settlement deed, further she can also file for maintenance from her son u/s. 125 Cr.P.C, kindly contact a lawyer and initiate proceedings without further delay.
PALNITKAR V.V.
(Expert) 11 July 2009
Mr Vishal is right. The lady can revoke the settlement at any time !
SHYAMSUNDAR
(Expert) 11 July 2009
The transfer being conditional can very well be revoked.
Even initiate proceeding as adviced by Mr.Vishal
Selvam Perumal
(Querist) 11 July 2009
Dear Sir,
I thanks for everybody who gives a valuable clarification on this issue.
I agree your suggestions that revocation can be done since the transfer is a conditional one.
Let me know the procedure for revocation.
Whether revocation can be done by way of unilaterally executing a revocation deed by mother or by way of filing a suit for cancellation of gift deed.
Kindly suggest me.
A V Vishal
(Expert) 11 July 2009
Yes revocation can be done unilaterally and the registrar be informed by way of registration of the cancellation deed.
In the original query you said it is a settlement deed in the subsequent you have used the word gift, which of the two are correct, our advise is based on settlement deed.
Selvam Perumal
(Querist) 11 July 2009
Dear Sir,
Thanks for your kind clarification.
My Query is with reference to Gift Deed.
A V Vishal
(Expert) 11 July 2009
GIFT DEED IS IRREVOCABLE, HOWEVER THERE IS A CONDITION ATTACHED ONLY ON CAREFUL PERUSAL OF THE DEED IT CAN BE SUGGESTED FURTHER ON THE MATTER
a.manoharan
(Expert) 12 July 2009
Dear Experts ,
In Tamilnadu and Pondichery , some deeds are executed in the name of Gift Settlement Deed ( Dhana Settlement Deed ). I think Mr.Selvam mentions it .Even then , it can be canceled as it is a conditional one in the Concerned Registrar Office.
Selvam Perumal
(Querist) 14 July 2009
Dear Sir,
Thanks for your kind clarification.
