Any condition was imposed in settlement deed?
If any condition is imposed and If B and C are did not act according to the condition, and the possession is not taken over by the Beneficiary or handed over by the Settler and the donor felt that the purpose for which the settlement deed executed was not fulfilled, he can cancelled the settlement deed through court.But the Settled law is ,
Settlement deed is not a "conditional gift". Once the settlement deed has been executed and acted upon, it cannot be revoked or canceled. Under Section 123 of the Transfer of Property Act, if an immovable property is settled under registered sale deed the title in the property will be transferred in favour of the transferee and it is not stipulated in the said provision that possession should be handed over immediately. If it is sought to be cancelled unilaterally the same can only be done by instituting a suit for cancellation u/s 31 of the Specific Relief Act, 1963 and not via a deed.
1. Is the cancellation of settlement by A valid? No it is not valid
2. Can A write a will on the property (when the case by B and C is in court) and get it registered? A can write will any time except this property.
3. Can A get 100 % property rights? It depends up on the evidence tendered in court
4. Will she get it under Maintenance of senoir citizens and welfare Act 2007?
Maintenance and Welfare of Parents and Senior Citizens Act,2007 ,seeks to make it a legal obligation for children and heirs to provide maintenance to senior citizens.
• If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain him then he can claim forgetting monthly allowance for his maintenance.
• Sec.23 of the act provides protection of his property and considers the Transfer of property to be void in certain circumstances