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
court only.
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 9 years ago in Property Law
Religion: Hindu
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 7 years ago