Hi Sir / Madam
My Father has an elder brother.
He wrote a settlement deed in the name of my father in December, 2002 for an agricultural land. The deed is registered. Both brothers went for the registration. The said land was self-acquired by my uncle through his own means. This deed was written by my uncle after his wife's demise. He is issue less. My father took good care of him in the immediate period after his wife's demise without any ulterior motives. The same reason was mentioned in the settlement deed, though it was not mentioned that my uncle expected my father to continue looking after him.
My uncle kept life's estate on the said property for himself and mentioned that he would pay the property taxes etc., himself. The document also mentions that he would have rights to only enjoy the produce from the land without any right to sell, gift or transfer the land to anybody at a later date. In addition to this, it is mentioned that if in future, he or any of his relatives or heirs would contend the said deed, he would bear the costs of any such litigation himself and would hand over the said property to my Father. He clearly mentioned that he does not have any rights henceforth.
In 2007, my uncle created a revocation deed on the siad property unilaterally without any information to my father. Also on the same day he created another document conveying the said property to his adopted son.
My father filed a suit to cancel the revocation
My questions are
1. Does this revocation stand ? Is it legal ? What are my father's rights now?
2. Who would be the rightful owner of the property now ?
3. In the revocation deed my uncle mentioned that since my father is not taking care of him after the deed was registered he is revocating it, though this condition was not at all mentioned. Further more my uncle is not short for funds or not in any condition dependent financially on anybody.
Will the settlement deed in such a case uphold in the court of law?
4. will the adopted son have right to this property in any circumstances. There are no know documents of the legality of his adoption.
5. Could you please point any pertinent cases in Supreme Court / High courts ??
Request your expert advice on this matter.
Thanks & Regards
