• Cancellation of settlement deed

I have executed a settlement deed to and in favour of my grand daughter. I have made conditions that the settlement deed will take after my life time and during my time I have reserved right to revoke cancel or modify aettlement deed. I approached the registrar but he states that I have to get concent executed by my grand daughter or I must get court order. Please suggest a way out to get it cancelled as after execution of settltment deed she does not visit me and dis-respecting me under the influeance her parents
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) cancellation of settlement deed can only be with consent of parties

2) unilateral cancellation of settlement deed is not possible

3) you will have to file suit to set aside gift deed

4) the issue as to whether an unilateral cancellation of an instrument is valid or not was dealt with by a single judge of this Court in the case of (D.V.Loganathan Vs Sub-Registrar, Office of the sub-Registrar, Chennai-44) reported in (2014) 3 MLJ 666 wherein in paragraph Nos. 5 to 7 it was held as follows:

5. At the outset the learned counsel appearing for the petitioner would submit that the unilateral cancellation of the settlement deeds without notice to the petitioner by the first respondent Sub-Registrar is contrary to the provisions of the Transfer of Property Act and also the Judgment rendered by this Court in W.P.No.17983 of 2011 on 01.03.2012, wherein this Court held that when a deed is irrevocable, unilaterally cancelling the said deed without notice to the parties concerned is contrary to law and cannot be sustained.

6. In fact the registration of cancellation of the settlement deed is against the public policy as it was not open to the Sub-Registrar to register the cancellation of the deed, when the settlement deed is unconditional and irrevocable. If at all the party who has executed the document is aggrieved by the settlement deed, he could have very well approached the Civil Court to set it aside, but certainly could not unilaterally cancel it, by getting the deed of cancellation registered with the Sub-Registrar. The cancellation deed and its registration therefore being without jurisdiction is liable to be set aside

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

well, the registrar is wrong in refusing to cancel the settlement deed.

You can cancel the deed since yo reserved your right to cancel it during your lifetime.

Moreover the settlement deed is not acted upona s yet.

If the Registrar still refuses to register the cancellation deed , you may file writ petition in high court seeking direction of court to cancel it.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

you may file a civil suit for declaration for cancellation of this settlement deed before civil court.

based on the conditions mention in your Deed, the court may pass an cancellation order and the Sub-registrar will be the opposite party for non cancellation of your Settlement Deed.

Remain the contents of the settlement Deed is very much important and without knowing the contents of your Settlement Deed I am unable to give you my best opinion except the above.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You cannot cancel the settlement deed once the properties have been transferred to your granddaughter's name. The Deed which is registered can only be cancelled by the Court since an act on the terms of the deed has taken place. It is advisable to file a suit for cancellation of the settlement deed for the reasons cited therein. Further, it cannot be done without any notice to your granddaughter. In the case which you file, you will have to make the sub registrar also as a party to the suit. Along with the suit for cancellation, you must file an application for injunction in order to restrain your granddaughter from alienating any property or creating third party rights.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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