• Settlement deed

My parents had created a registered deed of family settlement in 1991 with me and my older sister as the beneficiaries and my parents as trustees with life interests. My mother is the sole surviving trustee now and she has unilaterally revoked the deed of family settlement in January 2017 vide a deed of revocation, assumed absolute ownership and vide a deed of gift, has gifted 2/3 of the whole property to my older sister. Is this revocation of registered deed of family settlement valid? What action can I take to protect my rights?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hi, it is not legal to do so .. It is advisable to file a civil suit for permanent injunction and obtain a stay order on the revoked deed..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

This deed of family settlement could not have been revoked automatically.

Your mother was bound to approach the Court and seek the cancellation of this deed rather than cancelling it unilaterally.

Challenge the gift deed executed by your mother in your sister's favour and seek it's cancellation.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Challenge such revocation.

Unilateral revocation in absence of the father is not valid.

Challenge the revocation and claim your share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Mother cannot cancel those instruments unilaterally by simply registering cancellation deeds with the Sub-Registrars The gift deed can be challanged and an injunction can be taken on further transfer of property.

You can approach high court under writ jurisdiction to quash the cancellation document and based on that approach civil court for cancellation of gift deed.

Please refer the below judgement on same set of facts for better understanding where court quashed the cancellation deed.

https://www.casemine.com/judgement/in/5728e084e561092708a36d84

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)mother cannot unilaterally revoke the settlmenet deed

2) she needs court orders to do so

3) file suit to set aside revocation deed and gift deed executed in favour of sister

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The settlement deed made by the father will be applicable after the death and mother will be the owner of 1/3rd property and she may transfer her share not 2/3rd of entire property and can not revoke the settlement deed.

You may dispute the deed so made in by a civil suit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) If the property is already settled means that property must be on your name as your one of the parent is not alive. So the property must be transferred on your name as well or have got distributed as per settlement deed. What was exactly performed in the sale deed that should come to know first.

2) Please check both the deed and registration date so time should not lapsed and who had purchased initially property or was inherited by fore father.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

No, it is not valid. The sentiments of her husband/your father should have been respected. She has only life interest on such property. A person having life interest cannot be regarded as owner of such property. As per settlement yourself and your sister are absolute owners jointly. Revocatind deed and Gift deed can be challenged by you in the Court of law. I am a retired judge with twenty years of judicial service. Please call me for more details.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1.It is to be seen whether the deed of settlement has given any power or right to the trustees to revoke the settlement and if there is any whether it is to be exercised under certain circumstances.

2. If there is none and the settlement deed was acted upon by the beneficiaries so fat then the revocation is unsustainable or non est under the eye of law..

3.So in that context to get back your right you will nave to file a suit for declaration seeking the gift deed to be declared as null and void and for injunction as well.

Meet a civil lawyer and take necessary action as advised above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File a civil suit for cancellation of deed of gift and revocation

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Dear Client,

Challenge the revocation, If the property is self acquired by father, mother left with no right but only up to life interest.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Revocation of gift deed unilaterally by the donor is not valid in law.

You can file a suit for declaration of your property's title and for possession if possession of property is not with you.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

A registered Deed can be revoked only through a Court of Law; since it is revoked by your mother and it is registered, you can question it before a proper Court of law; consult the nearest Lawyer for the purpose.

PKX Kuncheria
Advocate, Cochin
27 Answers
2 Consultations

4.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer