If it's an revocable deed then it can be revoked. Irrevocable deed cant be revoked.
The validity of Deed of Settlement for Mohammedan
Landed properties were settled in favour of one son of the settler. settler deed not hand over possession and enjoyment of the property but settler remained in khas possession as per recital of the deed. As per the recital of the deed of settlement, the setlee was to come into possession only after the demise of the settler. The setlee never took any responsibility to look after the welfare of the settler. Setlee did not keep contact with the settler.Settler now aged more than 80yrs. and suffering various physical ailments. Inspite of several appeal/request the settler remained silent. Now since the time of the execution of impugned deed of settlement, the settler neither handed over the possession of the schedule properties mentioned in the impugned deed of settlement nor the setlee asked/demanded possession from the settler. Now whether the impugned deed of settlement can be revoked by the settler?
Asked 6 years ago in Property Law
Religion: Muslim
9 Answers
You need court orders to set aside settlement deed as possession was never handed over
possession remained with settlor and was never handed over
The settlement deed doesn't fulfil the criteria of a valid gift deed under Muslim law
Under Muslim law, the donor or settlor has to declare the gift of property in favour of the donee/settlee in front of two witnesses, then the settlee has to accept the gift so made, and simultaneously the settlor has to transfer the possession of the gifted property to the settlee
The above would complete the gift transaction and would constitute as a valid gift made as per rules of Mohamedan law
As the steps have not been followed as above, the settlement deed is invalid
Since the deed itself is void, there is no question of revoking it
The settlement deed once executed and acted upon can never be cancelled.The Deed which is registered can only be cancelled by the Court since an act on the terms of the deed has taken place.
Dear Client,
It can be revoked but through court order only and since the possession has not yet delivered, settlement is incomplete and valid ground to get it canceled.
Dear Sir,
In Muslim law without possession Hiba/Gift is not valid. On the same principle the settlement deed is invalid and the settler can cancel it any time without notice to settlee.
1. It is a settlemend deed wherein the title of the property has been settled by two individuals.
2. For cancelling the said deed, both the parties shall have to register a cancellation deed in connection withn the said settlement deed.
3. It can not be cancelled by the settler alone.
The conditions for the settlement deed is that the property shall remain in possession of the donor and it can be acquired by the beneficiary only after the demise of the donor.
Therefore there is no question of the beneficiary claiming possession of the property during the lifetime of the donor.
There was no condition that the beneficiary shall take care of the donor in the settlement deed, hence there can be no violation of any condition therefore the revocation of the registered settlement deed without any valid reason may not be legally valid.
- As per the information mentioned in the present query, makes it clear that settler has exacted a deed which gives all types of right to the Attlee after the demise of the settler.
- It is nothing, but a Will in nature, which would have validity once the settler dies.
- And yes, settler can revoke it at anytime as there can be number of wills executed y the settler/ testator, but only the last/ latest one would have legal sanctity.
