Cancellation of 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. seven 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 . 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, Patta.Cita 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 7 months treatment he is now able
to sign but not exactly as before say upto 75% of his original signature. Now all original documents are in my hand. After six months my father has written a
settlement cancellation deed and got it registered with the subregistrar office without any original documents and without any notice to me. Also he has
written a settlement deed again to my sister for all properties mentioned in the settlement deed executed to me and this also got registered. All properties
now have gone to my sister according to EC.When i enquired , the subregistrar told me that he has the power to do like that. and i should get remedy from the
i got advice from a lot of advocates and other people that unconditional settlement deed once executed cannot be revoked without court order. But how has the
subregistrar be able to register both settlement cancellation deed and resettlement deed to my sister without any single original document?. also what should
i do to legally challenge the process?. is it possible to regain the properties by law?. if yes how much time will it take? Can i file a petition under RTI
act to the subregistrar on this? pls advice what other means i should do to cancel the settlement deed executed to my sister?
Asked 2 years ago in Property Law from Pollachi, Tamil Nadu
1. The register has nothing to do with the validity of deeds and he will register any deed if that generates revenue for the govt. So forget what the registers says.
2. The settlement deed once executed and acted upon can never be cancelled. In your case you accepted the settlement deed and got the properties transferred in your name as well. In that situation your father is divested of any right to cancel the same.
3. Do not lose possession of the properties and if your sister cause disturbance in it peaceful possession then file a suit for declaration that the 2nd settlement deed is null and void and injunction against any disturbance to peaceful possession of the same.
1) once gift deed is executed it cannot be revoked by the donor without court orders
2) sub registrar could not have registered cancellation deed without your consent
3)once gift deed is executed you are absolute owner of the properties
4) you will have to move court to set aside registration of cancellation deed by sub registrar and subsequent execution of another gift deed by your father
5) you will also have to seek declaration that you are absolute owner of the properties
6) it may take some years depending upon pendency of court cases
the settlement deed cannot be validly revoked.
(i) 1997 (1) CTC 256 (Kuppuswami Mudali, J v. Mahalingam), where-under it has been held that once it is proved that settlement deed has been accepted and acted upon, it cannot be revoked.
(ii) AIR 2003 MADRAS 27 (Perumal v. Rajamanickam), wherein it has been held that it is settled law that when a gift once made cannot be capriciously recalled by the donor, for a transfer by gift is complete and binding on the parties when once completed, as any other form of transfer.
Your father cannot cancel the settlement deed once the properties have been transferred to your name. The Deed which is registered can only be cancelled by the Court since an act on the terms of the deed has taken place. It is advisable to file a case for declaration that the deed which was cancelled is null and void. Further, it could not have been done without any notice to you. In the case which you file, you will have to make the subregistrar also as a party to the petition. Along with the suit for declaration, you must file a suit for injunction in order to restrain your sister from alienating any property or creating third party rights.
an petition under RTI can be filed seeking the authority under which the sub registrar has regisetred the cancellation deed. that would be handy while file a case in the court. Time taken to decide varies from state to state and case to case. it actually depends on the pendency of the cases and on the conduct of both side lawyers.
Once the gift Deed is executed such Gift deed cannot be interfered with, without the intervention of the court. Such revocation is possible only after filing a suit. And in such case the Registrar is powerless to act in the way he has acted. However if such action of the Registrar has caused you inconvenience you may serve upon the Registrar a Demand of Justice asking him to explain his action and then file a writ In the High Court seeking correction of such unauthorised action.
I am not sure if there is another forum in your state which might be approached to rectify such action. You can try asking a local lawyer to enquire about the court of competent jurisdiction or go ahead with the writ remedy in High Court. If However such alternate remedy in another court is brought to light during the hearing of the matter in High Court then withdraw the petition with leave of the Court to file afresh in such forum.
You need not be concerned about regaining such property because in law the action of the Registrar is void and you still are the lawful owner ie if you have completed all other procedural formalities required to be fulfilled before coming to hold the Title.
1. Think pragmatically,
2. The property belonged to your father who is authorised to execute and register the settlement deed,
3. Your father can very well say that you had fruadulently taken his thumb impression on the settlement deed retained by you when he was ailing and also that at no point of time he lost his ability to apend his signature,
4. It will be difficult to counter your father's this allegation/argument,
5. You can certainly challenge changing of his 2nd settlement deed wherein he had settled one house for you provided it was not a conditional settlement deed,
5. Apply for certified copy of the 2nd settlement deed to challenge the third settlement deed executed and registered by him depriving you from all of his properties.
1. Once the settlement deed had been executed in your favour and you got transferred in your favour the house tax and water tax bills, EB ownership and Patta the settlement deed could not have been unilaterally cancelled by your father. The deed could have been cancelled only by the court.
2. The process of registration carried out by sub-registrar cannot be faulted, but the legal validity of the cancellation deed can be challenged in the court.
3. Since your father cancelled the settlement deed in an illegal manner you should go to court and challenge the cancellation deed executed by your father and registered by the sub-registrar to protect your ownership.
4. RTI has no role in this. Your only legal recourse is before a court of law. Move swiftly.
i have filed a case in my local munsif court but still the case is not even taken for trial. can i file a writ for the same in the high court? can i do this when the same case is in the munsif court.? also explain what is the procedure to file a writ when the same case is sleeping in the munsif court for 2 years.. How much time will it take to get judgement for the WRIT petition if i file now.? My advocate has left out the subregistrar in the case. Can i add him and his higher authorities in the WRIT petition? can i file a seperate case on the registering authorities seeking remedy for their wrongdoings?
Asked 5 months ago
1) litigation is long drawn process
2) courts are over burdened and it takes years for case to be disposed of
3)file writ in HC challenging the registration by sub registrar of unilateral cancellation of gift deed
1. You can not file a case directly to the High Cour on the issue which can be dealt by the Munsef court.
2. If you get an adverse order in the Munsef Court, you can challenge the same before the High Court.
3. You can now file a writ petition praying for an order directing the court lower to expedite hearing your said case and dispose it off within a fixed time frame of next 6 months.