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svdraja (prop)     26 February 2014

Settlement deed cancel

1. The settlement deed was made between my younger brother and my father. At the time some oral promises and conditions are made. But now both of them have not good relationship. Now my younger brother trying to cancel the settlement deed. ? by legally it cannot be revoked because in settlement deed has no promises and conditions.

2. Now my father is trying to gift the property to my daughters. I am the elder sister.

3. by brother trying to cancel the deed by giving the wrong details are in the settlement deed. because at the time of settlement deed the property was a constructed house. It has proper house tax and TNEB both the receipts for paying by himself only till date. But in the settlement deed it was mentioned as a vacant land. to reduce the stamp duty.

Now the my question is : my brother can cancel the deed by giving the true details of the property at the time of settlement deed was made. He told that he can prove that the wrong details in the document and can cancel the settlement deed registration ?

Is it possible, that if the registered deed document has wrong details of the property to reduce the stamp duty ?



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 3 Replies

Subash M R (Advocate)     26 February 2014

Your brother alone can not cancel the settlement deed which entered with your father.

Thanking you,

M.R.SUBASH, Advocate. 

svdraja (prop)     26 February 2014

I know that in normal cases my brother alone cannot be cancel the deed. But in this case the property mentioned in the document s are false to reduce the stamp duty. Is it possible to cancel the document registration by the registering authorities for the false statement in the document to cheat the government. this is my question

adv.raghavan (Advocate,9444674980)     27 February 2014

Cancellation of sale deed is difficult but not impossible, it can be done on the grounds of coercion, false and misrepresentation .  The query  is not clear, kindly get hold of good counsel and take a proper call.


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