See the settlement deed can be cancelled only by filing cancellation suit before the civil court.
You cannot cancel without going to the court.
Settlement Deed
My father had executed a settlement deed wherein he had distributed the property in both myself and my sisters' name. He even got this settlement deed registered in a register office. However after staying with my sister for few months and her treatment of him he now wants to change the settlement deed and write all of the property in my name. The property papers, EB, water, etc are still in his name. My mother is still alive. Will he be able to change the settlement deed now without going to court, by cancelling existing settlement deed and writing a new one. Please advise.
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
Your father cannot cancel settlement deed unilaterally
2) it can only be done with mutual consent of parties
3) property cannot be written in your name only
yes absolutely he can do
settlement is not a transfer of property
it is only a statement of the settlor as to how his property is to be dealt with after his demise
so long as the settlor is alive, he can revoke the settlement or modify it
no settlee cannot claim any exclusive right over the property when the settlor is alive or when the settlor revokes the settlement
1. The registered settlement deed can be cancelled only by registering a cancellation deed wherein all the parties involved shall have to sign.
2. If your sister does not agree to sign the cancellation deed, then the settlement deed already registered can not be cancelled unilaterally.
- A settlement deed can be cancelled , if the parties mutually agree to do so by executing a cancellation deed.
- Otherwise, by the Court order , it can be cancelled.
- Hence, without the consent of your sister , the Settlement Deed cannot be cancelled.
- But, if there is no objection , then it can be changed with a new one , after canceling the old one.
Cannot be cancelled unilaterally.
One will have to approach the Court, prefer a suit seeking cancellation of this deed.
Settlement deed is not a "conditional gift". Once the settlement deed has been executed and acted upon, it cannot be revoked or canceled. ... If it is sought to be cancelled unilaterally the same can only be done by instituting a suit for cancellation u/s 31 of the Specific Relief Act, 1963 and not via a deed.
No he cannot change the settlement deed without orders from court to set aside the settlement deed.
A registered settlement deed cannot be revoked unilaterally by the donor especially when it is an unconditional settlement.
Yes he can do so by executing a registered cancellation deed or approaching the court for cancellation of the said deed
He can cancel the Settlement Deed under intimation to both of your i.e., you and your sister.
No need to go to court of law.
Followed by intimating general public by way of news paper publication in vernacular and English language in local news papers calling for objections if any.
Thereafter, he can proceed as he desires.
In can be cancle bilateral, if sister refuse cooperate, court order is must. Do this deed is conditional ?
If deed executed after 60 years of age, than can get it revoked under senior citizen act.
He cannot undo the settlement deed unilaterally now as title has passed to you and sister in terms of the settlement deed. The only remedy in his hands is to file a suit for cancellation of the settlement deed in the competent civil court.
He cannot unilaterally cancel the registered settlement deed.
He can jointly execute a registered cancellation deed along with the donees.
Once it is done then he can execute a fresh registered settlement deed as per his will and wish.
