Property revoked by father after giving to grandson
The property was settled by father to the grand son after the death of his wife & done second marriage . But now all the son & daughter got married and have daughter & son.But currently his father revoke the settlement deed by giving false reason after 10 years . In the deed it is clearly mentioned that cannot be cancelled . could you please update whether he has alrights to revoke the deed settled to grand son who are minors ???? by giving false reason .
Till now he collecting the rent & controlling the house .
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
The registered gift deed settlement cannot be revoked by the donor unilaterally
It is invalid and not maintainable.
If he has not handed over possession, ask him to vacate the property and handover vacant possession, if he still refuses, the donee may file a suit for mandatory injunction asking him to vacate and deliver the vacant possession of the property.
1) grand father cannot revoke settlement deed without court orders
2) title to property has passed on to grand son once settlement deed was executed stamped and regd
3) grand son should move court for declaration that he is absolute owner of the property
The deed created by father is will deed ,he can alter the things in his life time. The revocation clause is not in corporate or the cancellation is denied specifically in the deed you can challenge the new deed created by father in court . filing a case for declaration of the title to grand children is only Civil remedy. If created new deeds after the settlement deed then challenge the new document.
1. Once the settlement deed is excecuted it is irrevocable. The father could not have unilaterally cancelled the deed. The only legal option available to a person who is desirous of cancelling a settlement deed, when the cancellation is not consented to by the beneficiary, is to file a lawsuit in the court.
2. The grandson or his guardian can challenge the cancellation in the court. Unless the court quashes the cancellation the same will hold ground.