See the court has power to cancel the registered deed so file for cancellation in the court see but the cancellation decree will also attract the stamp duty so it will be better the daughter vide registered gift , gift back the property to you.
Cancellation of registered settlement deed
We have registered a settlement deed in favour of our daughter for settling the prooerty bought by us in our name. Now my daughter she is not interested and we too want to cancel the deed. What steps are to be taken? We have not transfered the property to her name and all documents are in our name only. Kindly advise. S.Gopalkrishnan Mobile[deleted]
Asked 6 years ago in Property Law
Religion: Hindu
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18 Answers
Kindly intimate your answer early
Asked 6 years ago
In court procedure can be time taking.
The settlement deed once done, registered and acted upon can be cancelled only with the consent of the beneficiary of the deed i.e. your daughter and that too if there is a clause of such nature.
If there transfer is absolute in favour of the settlee then your daughter will have to re transfer the property in favour of the settler by a registered gift deed which would attract stamp duty as
Deed of cancellation of settlement deed can be executed with mutual consent by the parties
2) it should be duly stamped and registered
Since registered settlement deed has been executed deed of cancellation should also be registered
If the settlement deed is not registered you can execute a notarised cancellation deed in the same. If it's registered you need to execute registered cancellation deed
Same procedure will follow but this time revocation of settlement deed. Same stamp duty payable.
You have to file a civil suit for cancellation of deed and you daughter should file as in support of cancellation.
File an application for cancellation of the settlement deed and the same will be cancelled by the registrar.
Make a publication in the newspaper with regards to the same
If the property has not been transferred then the same is not a very big issue.
regards
As you have registered the settlement deed, you have to execute a cancellation deed, along with your daughter, narrating therein the circumstances under which the settlement deed is cancelled, very clearly and register the cancellation deed.
1. You can execute a "registered" "cancellation deed", with mutual consent signatures of all the parties mentioned in the original settlement deed.
The donor and donee can execute a registered cancellation deed jointly after which the registered settlement deed will remain cancelled.
1. You have already registered the settlement deed in favour iof your daughter which all of you now want to cancel.
2. Register a cancellation deed now duly cancelling the said settlement deed wherein your daughter also shall have to append her signature in addition to yourselves.
1. Registration of cancellation deed is the best solution in this case.
2. Alternatively, she can register a gift deed in connection with the said property conveying its title in your favour.
Once the settlement deed is executed, it can not be cancelled unilaterally. That can be cancelled only by a civil court order.
Dear client
The settlement deed once registered cannot be revoked and you have to approach the court for cancellation of deed and file a declaration suit to cancel the deed.
- As per the information mentioned in the present query, makes it clear that there has been settlement deed already registered in favour of your daughter, but want to revoke the same.
- Yes, you can do that by executing a deed for revocation/ cancelation of the same.
- But, make sure that your daughter would give the NOC as it had already been registered on her name, so her NOC would be needed.