We are four children to my parents(elder sister, me, younger sister and brother). My mother died in road accident in the year 2008. From that year my father got addicted to depression tablets. In 2019, My father registered his self acquired property (settlement deed) on me and my brother (joint registration). In July 2021, both my sister's came and they manipulated my father and they made him to revoke the property. So, he revoked the given property without our consent. How we can proceed legally with this issue ? My father age is 67 years.
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Once settlement deed is executed duly stamped and registered you and your brother are absolute owner of property
2) yiur father cannot revoke settlement deed unilaterally
3) he needs court orders to set aside settlement deed
4) file suit for declaration that you are absolute owner of property and for setting aside unilateral revocation
Some local lawyers are saying he is a senior citizen and it is his self acquired property, so, he can revoke it at anytime in his lifetime unilaterally without our consent and court also will approve the revocation because he is a senior citizen. Is this true sir ?
Any revocation/cancellation of any registered transfer of property, including family settlement is invalid. Legally it should not have been registered at by the Sub-Registrar. Section 32 and A.P. Rules under the Registration Act, 1908, Rule 26(i)(k)(i). Registering Officer is bound to ensure all executants and claimants execute the cancellation deed any deed cancelled without obtaining signatures of claimants is invalid and not binding on claimant. You can seek cancellation of revocation by filing a suit in Civil Court or even directly approach High Court at Amravathi.Such cancellation is declared by High Court in many cases.
He has to apply to senior citizen tribunal fir setting aside settlement deed of it is conditional settlement deed
- As per law , your father was having his right to transfer the said self acquired property to any on e and none having right to claim
- Further , if the said settlement deed was registered in your name then without getting the court order he cannot revoked the same.
- You can file a declaration suit before the court for declaring owner of the property.
Unilateral revocation of the settlement deed is invalid.
You can file a suit to declare the cancellation deed as null and void and also for possession of property if he had taken back possession.
The opinion rendered by local lawyer is incorrect.
If at all there's any condition imposed in the registered settlement deed and if the conditions were breached or not complied with then he may have to approach senior citizens welfare tribunal to get the settlement deed cancelled and to retrieve his property.
The tribunal after hearing both the sides may pass an order on merits.
Dear Client,
If your father has registered his self acquired property to you and your brother, then the registration is valid. Now, as the property is in the name of you and your brother, only you both have rights to that property. So, the registration can not be revoked by your father again even if he is a senior citizen as long as valid procedures are followed. It is your joint property with your brother and only you both have exclusive rights over it and this makes the revocation invalid.
Thank you.
He can only revoke if the said agreement is drafted as per the clauses of Senior citizens Act.
