settlement
mathi vadhana
(Querist) 27 December 2010
This query is : Resolved
if a father settles a part of his property to his son , under certain conditions, in his lifetime can he cancel it again due to disputes?is that cancellation valid under law?what other remedies can he have, because his son has thrown him out of the property after settlement in his name nor has he fulfilled the conditions.
M.Sheik Mohammed Ali
(Expert) 27 December 2010
which type of settlement was made and what type of condition made out, if father self acquired property him self doing any thing, no one ask any question.
Dhiren Akbari
(Expert) 27 December 2010
The conditions on which settlement has been made to the son is required to be referred. though settlement is made, the title still remains with the father till the conditions of the settlement is complied with.
mathi vadhana
(Querist) 28 December 2010
father gave settlement due to threat of his son on account of his marriage.but no police complaint was made at dat time.the condition was this would take place only on death of the father as though like a will.there are no other conditions.now he had cancelled it bcos his son created problems.this time he filed a police complaint but no F.I.R.can he cancel this under law?many say this cant be done bcos once settled in lifetime, its always settled.now the son has also transferred it in his wife name n filed suit for declaring the cancellation deed as null n void n got stay for injunction on even the other part of the fathers property saying that he is trying to sell n his staircase is in dat portion.wat suit shd this father file?
Gulshan Tanwar
(Expert) 28 December 2010
Send me the crossed scanned copy of the settlement deed and the action you require. I will try to find some way....as there are many ways to take it back along with damages as through settlement deed, it was for the welfare of his children, but under CUFMM and even though time had passed but not condoned by the father, action still lies.
gulshantanwar@gmail.com
mathi vadhana
(Querist) 28 December 2010
thank you, but its in regional language, tamil,and there are no conditions except that he n his wife will retain two portions in the property n collect rents from it which now the son has acquired n he is collecting rents,now the father wants the whole property back thru cancellation, can it b done?if so which sec of revocation of settlement provides this remedy?
