• Settlement deed

My father registered settlement deed in 1985 writing property in my sister's name which will go to her after his death. Now he wants to cancel it and sell the property. Is it possible.
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Hindu

Dear Querist,

The document which your father has executed may be termed as registered "Will".

Your father may cancel it anytime and write a new Will with a covenant that "He is revoking all previously executed Wills and Codicils."

You may also give the specific registration details in the new Will.

Regards

Rahul Kapoor
Advocate, Lucknow
24 Answers

Not rated

1. Is the settlement deed registered. if yes then it can not be cancelled anymore.

2. if not and if property is not handed over to your sister as yet then she can cancel it and change the terms to his choice or can proceed to sell the property as well.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

Get a new will drafted by your father with he covenant that he is revoking the previous wills

Rahul Kapoor
Advocate, Lucknow
24 Answers

Not rated

Well, then it can not be cancelled anymore.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

Father cannot cancel settlement deed unilaterally

2) it can only be done with mutual consent of parties

3) in alternative father has to file suit seek court orders to set aside settlement deed on grounds of coercion or undue influence

4)suit would take years to be disposed of

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Father cannot cancel settlement deed unilaterally

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

the settlement deed cannot be validly revoked. ... Your father cannot cancel the settlement deed once the properties have been transferred. The Deed which is registered can only be cancelled by the Court since an act on the terms of the deed has taken place.

Mohammed Mujeeb
Advocate, Hyderabad
11572 Answers
4 Consultations

4.5 on 5.0

Hello ,

It is a void agreement .

The agreement has no effect . However your father can certainly change it.

Regards

Swarupananda Neogi
Advocate, Kolkata
1113 Answers
2 Consultations

4.8 on 5.0

Since the possession of property has not been delivered by your father to his sister your father is free to cancel it by executing a deed of cancellation which should be registered.

Ashish Davessar
Advocate, Jaipur
26653 Answers
797 Consultations

5.0 on 5.0

Sir settlement deed cannot be cancelled unilaterally if registered your sister has to consent for it.

Now he cannot cancel and sell your sister can file a.case.for possession transfer of the said property and further if resales it to cancel the sale

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

It may be cancelled by a civil suit in this regard and relinquishment by your sister and statement in the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

This is my response to you:

1. The only method of cancellation is to execute a deed of revocation;

2. He can approach his sister and ask her to surrender or handover the property back to your father;

3. If she protests then your father will have to file suit in the court;

4. So it is better that without dispute you can settle the matter at an inter-personal level.

Gowaal Padavi
Advocate, Mumbai
1841 Answers
2 Consultations

5.0 on 5.0

1. by the settlement deed the property was not transferred to your sister

2. so no rights have yet been created in favour of the sister

3. such rights will operate only after the demise of your father

4. so your father can cancel the settlement deed by issuing a public notice

5. he is free to deal with the property including selling it as he deems fit

Yusuf Rampurawala
Advocate, Mumbai
4649 Answers
28 Consultations

5.0 on 5.0

Hi

1) The Settlement deed executed by your father is valid only after his time.

2) Your father has consciously retained life interest in the property and as such your father can cancel the settlement agreement executed by him.

3) Also your father is in possession of the property.

4) During his life time, your father can cancel the settlement agreement.

5) Now, in order to cancel the settlement agreement, you will need to cancel the settlement agreement through court given that

a) the settlement deed was executed in the year 1985 and

b) Unilateral cancellation of deed of conveyance can be done only through courts.

If your father is a senior citizen, then he can file for cancellation of settlement deed through senior citizens act.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1681 Answers
312 Consultations

5.0 on 5.0

He cannot cancel the registered settlement deed unilaterally.

If she agrees for cancellation he can jointly execute a cancellation deed if not then he may have to approach court with strong and substantial reasons for cancellation, but the chances are very bleak if he has got no proper and valid reason for cancelling the registered gift deed, especially if she resorts to challenge and fight it out tooth and nail.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Settlement deed is registered and property is not handed over to sister. Still my father is enjoying the property. The settlement deed was made as a pre condition to my sister's marriage. Please guide any chance of cancelling it.

Since your father is having life interest in the property settled by the registered settlement deed, he cannot claim that she did not take possession.

She is authorised to take possession only after the lifetime of your father, however she becomes the owner of the property immediately after the execution of this registered settlement deed.

Therefore your reason seems not to be very sound and strong for seeking cancellation.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

You need court orders to set aside settlement deed

2) registrar cannot cancel the settlement deed unilaterally

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Sub registrar doesn't have power to cancel any registered deed the civil court orders for same. So a cancellation of settlement deed can be prepared and it can be registered with consent of the parties in the previous deed and a declaration suit can be filed with the civil court to declare the cancellation deed.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

It can be cancelled only with Court order if the settlor can prove before the court that the settlement deed has been executed by fraud, coercion etc

Mohammed Mujeeb
Advocate, Hyderabad
11572 Answers
4 Consultations

4.5 on 5.0

Sub-registrar cannot use his discretion in this aspect, he has to follow the procedures of law, he cannot act discriminately for any reason.

Until and unless there is any violation of the conditions in the conditional settlement deed, the registered settlement deed cannot be cancelled, if it is cancelled then it can be challenged in court of law.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

settlement deed is not an instrument of transfer

so it was not compulsorily registrable as property would be transferred after demise of your father

your father can cancel the settlement deed by a public notice and legal notice to sister

Yusuf Rampurawala
Advocate, Mumbai
4649 Answers
28 Consultations

5.0 on 5.0

sub registrar will not cancel the same.

the case will have to be filed before the court for cancellation of the sale deed.

Regards

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

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