• How can father own property return if before property distributed among three son

If my father own property distributed among three son in live and property distribution deed executed but father want to cancel property distribution deed. because  father feel that son misuse of property and misbehave with parent. So father want cancel property distribution deed.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Father cannot unilaterally cancel the deed of family settlement

2) he has to file suit and obtain court orders to set aside settlement deed

3) make out a case for setting aside settlement deed on grounds of coercion or undue influence

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

Till he is live can cancel, modify the deed as per his choice.

There is nothing wrong in this. Even he may claim the maintenance from you all if he wishes to do so as you all are responsible for his well being.

Please be good son and respect your father.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

1) If the property is still on your father's name and its distributed among 3 sons. Than he can revoke it back. But the property is totally transferred on all 3 sons name its difficult to get it back. There are "N" numbers of way in the law.

2) If sons are not looking better towards at father he can go in court for alimony from all sons under section 125 of CrPC.

Ganesh Kadam
Advocate, Pune
13003 Answers
266 Consultations

Dear Sir,

If it is your father’s self acquired property he can change his terms and you cannot challenge the same. The other part of law of inheritance is as follows:

What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6199 Answers
496 Consultations

It is registered ?

Distribution or partition ?

Yogendra Singh Rajawat
Advocate, Jaipur
23044 Answers
31 Consultations

Is this deed duly stamped and registered?

In case it is, it is not open for the father to cancel this unilaterally.

He will need to approach the Court and seek its cancellation.

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
320 Consultations

Hello,

The father may file a suit for revocation of the property distribution.

It being the self acquired property of the father, the father has the right to revoke the distribution so made in the past.

Although the father may revoke such distribution, but the son may contest the same on the ground of possession.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

Need to file a civil suit for cancellation of deed showing reason

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

If the settlement or partition deed was a registered document then it cannot be cancelled unilaterally.

The beneficiary and the executor have to give their consent to the registrar with a request to cancel or the executor has to approach court of law only seeking cancellation of the registered document on the grounds that he may rely upon.

If the settlement deed is with conditions and the conditions are not complied with the by the beneficiary then the donor may file a suit for cancellation of the registered deed within three years of such incidence

T Kalaiselvan
Advocate, Vellore
89081 Answers
2431 Consultations

Hi,

As per the provisions of maintenance of parents of 2007 (Act), the registration may be cancelled.

Ganesh Singh
Advocate, New Delhi
7102 Answers
16 Consultations

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