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RANDS (NA)     22 May 2012

Settlement deed

Can a Settlement Deed be challenged ?...

Mr. X  has 1 son and 2 daughters. Mr. X has settled his self - acquired property to his only Son. Both the  daughters were witness to this Settlement Deed and the same was registered with the sub-registrars office, after paying appropriate stamp duty. Both Mr. X and  2 daughters (as witnesses) signed the document in front of the registrar in 2005.

Question No : 1

Can Mr. X change his mind now ?..Can he make this settlement deed void, by entering another settlement deed, thereby giving the property to his daughters in future ?.. or once the settlement deed is done , it cannot be revocked ?

Question No: 2

Can the daughters challenge this Settlement Deed, after the death of Mr. X, that  both Mr. X and they signed the Settlement Deed under duress ? or whether this Settlement Deed becomes un challengable ?

I need answers to these questions desperatly.  I hope someone will help me.

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 May 2012

Dear Querist, 

The exact terms of settlement deed would come handy, however on the face of it, I can opine :-

i) Settlement Deed (Regd.) can be cancelled only via a cancellation deed executed by both father and son, father cannot unilaterally cancel the settlement deed, as if it was meant to take effect during his life, then absolute interest in favour of son has already been created. 

ii) Assailing the settlement deed would be difficult but not impossible - grounds such as undue influence, duress, coercion, fraud or misrepresentation can be taken. The fact that sisters (who are desired to be beneficiaries subsequently) were themselves the witnesses to the same would make the task more difficult.


Feel free to talk !


Adv.Bharat

RANDS (NA)     22 May 2012

Dear Adv Bharat.

Thanks for the precise answers. I am very clear on point 2.

 

I have a small additional query on No.1,  since i live in USA and not take the possession of the property, can this be a ground that my father can revoke the settlement deed, without my consent ? ( the settlement deed is un- conditional and i dont have to fullfill any conditions )

PADMAKUMAR (law student)     22 September 2013

Sir

Father transfer his property to his son through Settlement deed.Can his grand children (ie) Grand son of the divorced wife of his son. Divorced through mutual consent and the woman got divorced through expartee Judgement. But before the Judgement the lady  given a affidavit to her husband stating after divorce she will not claim any maintenance for her and her's son and she  received 5 lacs via cheque as settlement and it was mentioned the in the affidavit also and she declared she will not claim any thing for and her child in future  and she re-married some body after this divorce.Can the son of divorced lady got legitamate right to can claim the ancestral property. My question is father settled a property to his son after his divorce. Can the son of the divorced son , eligible to claim this settled property as his ancestral property.


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