• Cancelling the settlement deed

One year back my Mother and Brother influenced (emotional pressure) my Father and got the property settlement on their name without the knowledge of me and my other Sisters (all Daughters). Father is bedridden, having less mobility and not able to speak much. He can speak little with great difficulty. He is physically fully dependent on them. All Daughters are married, Mother and Brother’s family creates some nuisance such a way Daughters could not freely visit Father’s home and meet Father, so Daughters are always kept away. Recently all Daughters had a chance to meet Father, he disclosed the matter and his willingness to settle the property to all his children equally including my Brother. After knowing this they are very angry with us and my Mother is threatening saying that she will suicide if we try to meet and get the property from my Father. The property (commercial building) is fully earned by my Father, but my Mother wants to give it to son only. Now we could not enter the house and meet my Father.
We have recorded my Father’s willingness (audio and video), when we meet him, he tried to speak with some difficulty and conveyed to us his interest. 

1.	Is it possible to cancel the settlement deed (it might be registered as gift settlement, we do not have access to documents) with the above evidence what we have? 
2.	Now what we can do to proceed further and get the property as per my Father’s interest. We are helpless now even though my wants to give the property to us.
Asked 4 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu

Dear Cleint,

On the ground that deed was executed under coercion and undue influence, deed can be cancelled but by order of court. IF it is GIFT deed than can be revoked by SDO by filling application under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Get orders from court to get access to father or call the police if prohibited to meet father.

 

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

your father should file suit to set aside gift deed as  gift deed executed under coercion 

 

2) seek injunction restraining sale of property by mother and brother 

Ajay Sethi
Advocate, Mumbai
65543 Answers
3967 Consultations

5.0 on 5.0

No, it is not possible to get the settlement deed revoked now. The settlement deed may be challenged on the ground that it was executed by your father under mental duress, provided there is solid evidence to support your claim.

Swaminathan Neelakantan
Advocate, Coimbatore
522 Answers
4 Consultations

4.9 on 5.0

1. See only using above evidence the deed already registered cannot be cancelled to cancel the deed you need proof that earlier deed was made by cheating or pressure.

2. He has to file for cancellation citing he was pressurised and there was no free.consent when property was settled in favour of mother and son.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

You need to file a suit for cancellation of the same. You father make a gift deed in your favor for the same. You can approach police station also for seeking help if your mother is threatening. 

Prashant Nayak
Advocate, Mumbai
11738 Answers
19 Consultations

4.8 on 5.0

1. First of all it is your father's own property in which not only his children but also his wife do not have any rights to claim any share in it as a right.

Your father's authority to transfer this property to anyone by any method as per his desire and decision cannot be questioned by anyone hence he need not take the consent or permission of his other children while he decided to settle his property to one child and his wife alone.

Any cancellation of the registered transfer deed can be taken up within three years from the date of execution of the registered deed. Your father cannot unilaterally cancel the registered settlement deed, he has to file a suit for cancellation of the same for the reasons he may rely upon, he cannot simply state some vague reason for cancellation because the court may dismiss the suit if it is not convinced with the pleadings put forth before it by the plaintiff.

 

2.  You cannot take any action ion behalf of your father or on your own also.

Only he has to initiate any action seeking to cancel the registered settlement deed.

T Kalaiselvan
Advocate, Vellore
55388 Answers
674 Consultations

5.0 on 5.0

Hi, yes you can file a civil suit for permanent injunction in court 

Hemant Chaudhary
Advocate, Gurgaon
4250 Answers
30 Consultations

4.9 on 5.0

The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.

Mohammed Mujeeb
Advocate, Hyderabad
9395 Answers
3 Consultations

4.5 on 5.0

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