revoked settlement deed
ranjini
(Querist) 24 July 2009
This query is : Resolved
hello ,
im ranjini from chennai,my grandfather had 2 sons and 2 daughters, he registered a settlement deed(dhana settlement) in which he gave all his property to his 2 daughter and only 1 son neglecting his other son (my father) from his properties. my grandfather didnt mention any conditions in that settlement deed.based on the settlement the property was SOLD by his son and daughter.Later he and his wife(my grand mother)was isolated by their son and daughter and was left helpless.my father took care of them and recently my grandpa wanted to give his properties to my father and cancelled the settlement deed stating ,
"he was left helpless by his daughetr and son so he wanted to revoke the settlement deed".
recently he passed away.. so my query is,
1.do my father has rights to claim for the property as my grandpa revoked the settlement?
2. to what extent could the party who bought the property could object to this?
A V Vishal
(Expert) 24 July 2009
A registered settlement deed cannot be revoked.
M. PIRAVI PERUMAL
(Expert) 24 July 2009
When a dhana settlement deed is registered in favour of one Mr. X. If the said Mr. X had accepted the settlement and acted upon it say by transferring the tax in his name, by mortgaging the same etc, then the said settlement deed cannot be cancelled, which means the cancellation is void. If Mr. X had not accepted the settlement and has not acted upon it then the dhana settlement can be cancelled. You say that based on the settlement deed the property has been sold, in such case cancellation of dhana settlement deed is not valid.
sanjeev murthy desai
(Expert) 24 July 2009
Dear Ranjani,
If the proeprty is ancestral nature your grand father, then you father has the 1/4 share in that properties, filed a suit for claim for share in the ancestral property. if the properties are selfacquired settlement cannot be revoked.
ranjini
(Querist) 24 July 2009
many thanks all for ur reply..
Actually the property was sold after 1 year since the settlement deed was cancelled,so even then cant we or atleast my grandma claim the property for her survival?
Y V Vishweshwar Rao
(Expert) 25 July 2009
if it is Ancestral proerty you may claim to some extent as suggested by Mr Sanjeev Desai !
n.k.sarin
(Expert) 25 July 2009
I agreed with the opinion of Mr sanjeev and Mr Rao
