• Legal opinion needed

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
Religion: Hindu

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11 Answers

1. The 2008 transfer was essentially a gift by A to B

2. So B became owner

3. But later B gave PoA to A with power to sell

4. Using the POA A as constituted attorney of B transferred property back to A ie himself

5. So A again became absolute owner of property

6. A can deal with the property in any manner he deems fit

7. After A became owner again, the release by B to his two sons is of no effect as B himself did not have any title to the property

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. A after execution and registration of settlement deed in 2008 can not resile from his stand and make a new deed as he has done.

2. Once he made the settlement deed unless he reserved his rights further in the said deed he can not fresh deed transferring the property to another person of his choice.

3. So the subsequent deed has without any basis and without any force. A has no other option.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since the principle B does not himself had the power to sale the POA given to A is not valid hence the sale is not valid in itself the settlement deed registered shall stand and the son of B shall have the right over the property. A cannot unilaterally through a rectification deed transfer or cancel the rights.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The settlement deed cannot be unilaterally revoked by the A even in life of B also now it cannot be revoked as by his consent A has given this property to the B and Sons. So the sale deed and rectification done by A is not valid

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) B had only life intetest in the gifted property

2) he could not have executed POA in favour of A

3) rectification deed executed by A woukd not stand legal scrutiny

4) A cannot revoke the settlement deed unilaterally

5) A can not get back the property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

A cannot revoke the settlement deed

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Since A himself restricted B to alienate the property the POA given B to A is without any force even during his lifetime.

2. So A is without any right , title and interest in the property to deal with the settlement deed anymore. His children though will have such power.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Only a life estate was made in favour of B by A. A complicated the entire thing by adopting the POA route, he should have simply cancelled the settlement deed that he had previously executed.

2. Since B had no right to alienate during his lifetime the release deed made by him is void. A should file a suit for declaration of title to the property and also another declaration to declare the release deed made by B as void and illegal.

3. It is not clear from your query as to who has filed the suit in the court and what reliefs have been sought.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

What is the court matter going on? The charitable trust has to revoke the same through a Registered deed in favour of A

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Originally A transferred his property to B by a registered gift deed, thus the rights of A in the property have been relinquished from that date of execution of the said registered gift deed.

Since B had been vested with only lifetime interest, he had no authority to alienate the property in any manner including giving a registered power of attorney deed to a third person or even to A.

Therefore the A's act of transferring the property to anyone is invalid.

A has got no rights over the property legally.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

A cannot revoke the gift deed which is unconditional.

A cannot do any such act unilaterally.

Even if A approaches the court, since the property vested on the beneficiaries and the first beneficiary i.e., B is already died, the property shall devolve automatically on the sons of B as per the conditions of the Gift deed, hence the legal battle by A in the court may not fetch the desired result.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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