• Revoke or cancel settlement deed?

My father is a retired tn govt employee.i and my younger sister are his two children. All the properties are in the name of my father except one house which is in my mothers name. Four months before my father got infected with a virus which made his right hand twisty and not able to hold a pen or sign like that. His condition got worse. so he decided to split the properties to me and my sister. we registered a settlement deed in our local sub-registrars office by which all(two) properties in the name of my father will be given to me and the house in my mothers name will be for my sister. We cited to the registrar that because of his hands condition he was not able to sign. he told to get the thumb impression and it was not a problem. after that i have transferred the house tax,water tax, EB ownership of all properties to my name. But after my father was with my sister for one month somehow she had convinced my father to fetch one house which was given to me via settlement deed to her. My mother is dead . my father has got pension from bank the month before the virus infection by signing in english on the withdrawal slip. i have got a doctors certificate also for my fathers right hand is not in a position for any purpose. But now after 4 months treatment he is now able to sign but not exactly as before say upto 75% of his original signature. Now all documents are in my hand. My father is asking the documents to be handed over to him.
I want answers regarding the above situation.
1)Can my father cancel or revoke the settlement deed executed in the subregistrar office?
2)Can my father register or sell any of the property mentioned in the deed for me to my sister through another deed without cancelling my deed?
3)Should I handover the docs to my father or not?
4)can my sister file a case that i have threatened or compelled my father to execute the settlement deed and so that it is invalid?
5)Can i pledge the properties i got through the settlement deed for mortgage loan with a nationalised bank? Will my father have to sign anything for loans?
6)Does the police have any power to indulge or handle the above situation if my father files a petition with them for acquiring the docs?
7)Advice me if i have to do anything further to prevent my father from harassing me for transferring any property from me to my sister.
(pls dont mistake me because we have spent a lot of money for her engg and MBA studies and her marriage).
Asked 1 year ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
1. No settlement deed once made can not be cancelled by settlor if the terms of the deed is complied with.
2.No he can not.
3. You may or may not.
4.No since she is also the beneficiary of the said settlement deed.
5. Yes, you can unless any injunction or stay order passed by a civil court.
6.No. police has no role in this dispute.
7. You enjoy the property.
I find no reason for you to worry,
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. The settlement deed cannot be revoked now by your father if the house tax, water bill and mutation has been transferred to your favour. This being said, your father can move to court for cancelling the said deed. 

2. Unless the deed is set aside your father cannot legally sell the properties. If, however, he has the original title deed of the property then he may attempt to sell it by showing himself as the owner, to preempt which you may seek a stay order from the court. 

3. Do not do so.

4. Your sister cannot challenge the settlement deed as your father is still alive. 

5. If the ownership has transferred then you are at liberty to pledge or mortgage the properties. 

6. Police has no role to play in this. Going to court is the only option for your father. 

7. As said earlier, you can seek a stay order from the court if you apprehend that the properties may be sold by your father contrary to the law. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hello,

1) Your father cannot  revoke or cancel the settlement deed unless he gets a court order to that effect.

2) Your farther cannot sell the property or transfer it without  canceling the first Deed.

3) You shouldn't handover the property to your farther by any means.

4) Your sister's case won't stand in the court as your farther is still alive  and healthy.

5) You can pledge or sell do what you like with your property as you have complete ownership over them. Your father's signature is not required at all.

6) Police has no role. It is a civil matter to be dealt with by the court.

7) You can  get an injunction from the court to retain your farther from trying to alienate the property in any manner.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1) once gift deed or settlement deed is executed by your father title to property passes on to to you . 

2) your father cannot revoke the gift deed unless gift deed was executed by fraud or coercion

3) your father will have to move court to set aside settlement deed . he cannot execute another settlement deed in respect of same property 

4)dont hand over title deeds of properties to your father 

5)your sister can file suit if she so desires 

6) you can mortgage the properties  your father consent is not required 

7) no police dont have any such powers . it is a civil dispute hence your father has to move court in this regard 

8) inform your father that you have utmost affection for your sister and that you will as brother take car of her if ever she faces financial problems 

Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1. No your father cannot revoke/cancel a registered settlement deed without a court order.
2.he cannot sell or transfer by way of release, gift or cannot make a WILL against the settlement deed.
3.No, you should not have to hand over the documents.
4. she can file a suit to challenge the deed.you should defend the same.
5.You can pledge,mortgage, or transfer, sell the property  of your share as per the deed.
6. Police has no role to decide on a registered settlement deed as it is  a pure civil matter, they can take a complaint in file if your sister or father complains about , threat, force, intimidation , fraud to get the documents /deed registered. however since it has been registered , there are many involved in this like registrar and his assistance who done this.The case will not stand on your sister's false complaint.
7.it is better that you should get an injunction refraining your father from alienating/ transferring/selling, gifting your allotted part as per the deed.
8. Approach civil court first with an injunction , then if she troubles you matter is in the court, file police complaint for criminal intimidation. Doing before all these, make use of the property as you wish , pledge or mortgage , your father will not have to sign for the loan.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Settlement Deed can not be revoked unless the vesting in contingent. That means that the vesting of the property as per the settlement deed shall have to be absolute,

2. No. Your father is no longer the title holder of the said property which he has already settled in your favour,

3. You need not. Certainly your father wants to do some thing in connection with the said property which is yours now,

4. Yes, your sister can file a case against you challenging the said settlement deed alleging that you had coerced your father in registering the said deed by taking his thumb impression. Evidence to be submitted by the witnesses of the said deed will be of utmost importance to prove or disprove your application of force on your father to get the said deed executed and registered, 

5. You can mortgage the property you got as per the settlemend deed by depositing the said deed to a Bank in original to avail loan,

6. No. Police can not act with out Court order. However, you you deposit the deed with the Bank then this problem will be over,

7. How come spending money on your sister's education & marriage gets related to this problem of yours? If you have forced your father &/or illegally taken his thumb impression on the deed which has been registered in your name, the evidence to be submitted by the witness will be very important and your father can lodtge a police complaint against you for forcing him in putting his thumb impression on legal documents without his wish.   
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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