You have to file suit to set aside settlement deed as brother had no share in property transferred by him by settlement deed
2) if no stay order had been passed by court brother could have sold the property
Can a compliant be given at Sub Collector office to Set aside a settlement Deed
In 1966 my grandfather executed & registered a will wherein he had mentioned that all his property should go to his son & his male heirs. After the death of my grandfather and my father my younger brother pressurized other legal heirs to sell the properties one after the other. In July 2011 when the other legal heirs decided to sell a house property i expressed my desire not to sell.. To avoid the process and cost the other legal heirs agreed to sell the property in my favour. A release deed with consideration was exe cuted and regd in July 2011. During Oct 2011 out of my love for my mother i executed a non registered goodwill agreement wherein i agreed to pay an amount of Rs.7.5 L. after deducting Rs.2.5 l taken as advance from the tenant. In Jun 19 My mother had given a compliant in sub coil'tor office under senior citizen protection act citing she is struggling for food and medicine..but the younger brother is the main culprit who get property thro thana settlement .the complaint against me is dismissed by sub collector. In 2014 while partitioning another agricultural property 20% of the said property inherited by my father was partitioned in my mother's name .From Aug 2016 to July 2017 my mother was staying with me in chennai. During that period of less than a year she made us visit hospital 49 days. Because of which the doctor prescribed mental check up. During Sept 2017 once my mother went to our village my younger grabbed the 70 cents of land allocated to me by executing a settlement deed without consideration. In June 2018 when the transaction came to our knowledge my wife filed a minor suit representing my minor son (6 year old then) claiming his shares in the grand fathers property. After receiving the notice for the said property before the hearing date i.e13.08.2018 on 02.08.2018 my younger brother and executed a second settlement deed thereby transferring the whole of the property to his name. In Nov 2018 he sold the entire 1.41 acres . Can the other legal heirs file a complaint against my younger brother who is persuading my mother to file false compliant at Sub Collector office & PS. Can we file a compliant to set aside the settlement deed executed in his favour referring to her physical and mental state. our mother is now with my younger brother she supports my younger brother.if she support my younger brother can we complain against him and request the collector to cancel the settlement deed which is registered in favour of my younger brother.our mother is struggling now but support my younger brother. how can we cancel the settlement deed under senior citizon act.. Our younger brother sold that property when the case is pending in the court. can we file a case against that. pls help.
Asked 6 years ago in Property Law
Religion: Hindu
6 Answers
Yes you can file the case against the same
If the property settled in your brother's favor by your mother was your mother's own and absolute proeprty (her share in the proeprty allotted to her in partition or transferred to her name by your deceased father), then there may not be any use in filing any suit by the legal heirs claiming a share out of your mother's share in the property.
In that situation no case may be maintainable.
However you may discuss with a local advocate on practical issues and proceed on the advise received.
On father intestate death, his agriculture land inherited in her and children equally. Settlement n is valid up to mother share. Against your share settlement, you can file FIR against him.
other legal heirs - who are other legal heirs, class I heirs are wife, mother and children.
Mother can settler her share to any. Just land transferred in mother name after father`s death, dose not make her absolute owner.
Selectmen for whole land is void and illegal execution.
Sale during court case is void.
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 sub registrar have no power to set aside the settlement deed.
You can only file a suit before court for set aside the settlement deed and sale done on basis of this settlement deed on ground of mental health of your mother.
