In 2008, A had made a registered settlement deed in favour of his brother B out of love and affection. In the settlement deed it is mentioned that B can have only the life-enjoyment without any alienation while the two sons of B have the right of alienation.
Next year, B has given a registered power of attorney to A with the full right to sell, donate etc. In 2009, all love lost between the two brothers. So Using the right of power agent, A as a power agent of B donated (registered) the property to A (himself). Again A made a rectification deed (registered) cancelling the power given to two sons of B to alienate the property.
Then A as a owner of the property donated the property to a charitable Trust (registered). In 2013, B made a release in favour his two sons using his right given in the settlement deed. Now what are options remaining in front of A ? The matter is in court now. B is no more now. Is there any other option that A can get back the property ?
Asked 4 years ago in Property Law
Mr. Devajyoti Burman sir,
The settlement deed by A says B can have only life-enjoyment without any power of alienation while his two sons have the right to alienate the property. The next year in 2009, B gave the power of attorney to A with the power to sell and donate etc. Using this power, A donated the property to A ( to himself) and made a rectification deed after to change the right enjoyed by B’s two sons. Is there really no option for A ? Can A now make revocation of the settlement deed of 3008 although B is no more now while his two sons are alive. ?
Asked 4 years ago