When I was minor, my grandpa died and based on the will he executed my grandma settled half the property in my aunt’s name and half the property in mine and my sister’s name( with my dad as our guardian). After my dad died and also my grandma has dementia. So my aunt is brain washing her and trying to revoke the settlement by trying to apply court case stating that we tortured our grandma. Can the settlement be revoked? How should I respond to this?
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1) since grand mother is suffering from dementia she is not of sound mind to revoke settlement deed
2) she would need court orders to set aside settlement deed
3) you can in your defence take plea that grand mother is suffering from dementia and not of sound mind
4) suit would take years to be disposed of
Hello,
No the same can not be revoked. If you are now a major then you may file a partition suit and claim your share in the property.
Regards
Sir the settlement can be revoked only by way of mutual consent of all the parties to the settlement the Grandmother cannot revoke the settlement alone further she has an option that she can go under Senior citizen welfare and Maintenance act further since in dementia there is memory loss and the grandmother is not capable of giving consent furthermore in case she approaches senior citizen tribunal in that case it can be contested as the you take care of grandmother and maintain her, so you should just take care of grandmother keep medical care and daily need bills for record that you fulfil so that there is no chance with them to even approach for cancellation of same.
the case will fail
the grandmother transferred the property as per the wishes of her husband contained in his Will
grandmother was not owner of the property. She only fulfilled the wishes of her husband as per his Will by transferring his property to the beneficiaries named in the Will
The testator can cancel his will at anytime during his lifetime.
if Testator is alive, he Make a new will, the previous will can be cancelled automatically.
We are all doctors in my family. Though she keeps forgetting stuffs, she does not accepts it n my relatives are making use of it and turning her against me. I don’t have any medical reports stating the condition. Also my grandma was the absolute owner who settled the property with love and affection in my name n sister’s name. I have only xerox of the settlement deed. She has all the originals and my relatives are not letting me see or talk to her. All I know is that they are taking some step to revoke it. Before they make a move , in which way can I secure it ?
Dear,
Settlement deed once executed can not be revoked.
First register this property in your name, after this you are the absolute
owner of this property.
you have xerox copy it's enough, if they file case, you filed application
for original documents.
as mentioned earlier grand mother would need court orders to set aside settlement deed
2) she cannot revoke it unilaterally
Sir see in normal course the settlement cannot be revoked so don't worry further get the certified copy of the settlement deed from the registrar if the same is registered. or file a suit of partition against the aunt for dividing the property by meats and bounds and further seek stay on property so the aunt either not eligible to sale it or further if grand mother file under Senior citizen act in any chance then same can contested that as you filed partition suit with aunt she has instigated grandmother otherwise you are taking very good care of her. See if you are able to establish that you take proper care of grandmother in that case the deed cannot be revoked further the interest as child were created so that can be contested too.
Dear Cleint,
In which year properties were settled and at what age of Grand maa. Is there any condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs - if no than if can`t be revoked.
you did not mention in your query that property is owned by your grandmom
for revocation of settlement in your and your sister's favour, your aunt will need proof/evidence to prove her allegations
even if she files some case and files an interim application, for that too she will have to show a prima facie case for getting an order of status quo
was the settlement deed a registered document?
if you fear that your aunt will take any adverse steps against you and have the settlement revoked then you can file a declaratory suit in court to declare you and your sister as 50% owners of the property and claim consequential reliefs. As an alternative you can also claim partition with the condition that you will take care of your grandma and her basic needs
you can narrate the attitude of your aunt and your relatives in trying to prevent you from meeting your grandma in your plaint
File a caveat in the court after consulting a local lawyer.
Hi,
Though it would be a drastic step, but you may move high court under writ jurisdiction for getting your grandma with you for the purpose of taking her medical care etc. kind of writ will be hebeas corpus. Also cite reasons of property on your name and your responsibility otherwise too.
On the basis of the Will this property was settled to your names, is the settlement executed by a registered document?
If yes then it cannot be revoked for any reason.
If you suspect your aunt to play any foul game in this, you may obtain an injunction against her.
All I know is that they are taking some step to revoke it. Before they make a move , in which way can I secure it ?
All you have to do is to obtain a certified copy of the registered settlement deed, file an injunction suit agaisnt those people who are trying to interfere in this matter and also simultaneously, apply for transfer of revenue records to your names with the revenue department