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Krishnan (engineer)     09 December 2011

Pls help on settlement deed

Hello, Please advice me on this urgent matter,

my name is krishnan, my grandfather had given me a settlement deed for the house he has earned himself, following the unfortunate demise of my father.. now the settlement deed has life interest along with a condition that i can utilise the property and only my unborn kids( i am single now) will have full rights over the house to mortage or to even sale deed..  he had also said no other relation of him have any claim over it and that even he will not cancel the settlement deed following any change of heart in future showing any reasons.

the problem arises now, the goverment has acquired the land for bridge construction, almost all the part of the house has been aquired, the goverment had intitially sent notice on my grandfather name but then i showed them the settlement deed on my name and got the notice in name, on later stage the special deputy collector for land aquisition had called me and said since my grand father is alive so the money will only be given to him, my grandfather is living with his other son( my uncle,my dads elder brother) now for 4 months, my uncle has taken my grandfather pending the knowledge of money bein given for the house, now he claims he has a share of this property, my grand father is also siding with him since hes the only son left now.

my sincere and urgent question is, can a settlement deed be cancelled by my grandfather which he had given to my unborn kids through me. can my grandfather give the money to my uncle even if he wanted, what happens to my unborn kids, is it even legal my uncle is showin interest in this property, what are my options..please advice. thanks in advance..



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 3 Replies

Advocate Vishnu (Advocate)     09 December 2011

The settlement deed cannot be cancelled by the person making it if the donee has accepted this settlement , which in your case - you have. So the compensation money will have to be paid to you and not your grandfather.All this is applicable only if it is a registered settlement deed .

Krishnan (engineer)     09 December 2011

but the settlement deed my grandfather has given has life interest on him, saying that after his demise that the house with all the rights will go to my unborn kids, this is the point the collector says that since my grand father is alive eventhough he has given me a registered settlement deed, he is the apparent owner of the property and only if he expired that the settlement deed would come in to force.thanks for ur reply..

Krishnan (engineer)     11 December 2011

pls help some one, would mean alot to me.. thanks in advance.


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