• Revoke property settlement deed

Dear legal advisors,

My mother gave a settlement deed in my name for her house such that in the event she passes away I would not have any problems inheriting the house.  I am her only child ( no siblings) and an NRI.

We have now decided to sell the property.  Is it possible to simply revoke or cancel the settlement deed ?  Both me and my mother mutually agree since it will make things simple.  Do we need to go to court to cancel or revoke the deed or what is the process?

Thank you.

Asked 3 years ago in Property Law from United States
Religion: Hindu
Since the object of the settlement deed was to come to to effect post death this deed will be treated like a testamentary document, in other words like that of a will. So there is no bar in your mother dealing with the property.

However since this is happening out of consent, it is better to avoid complications. The best way to avoid such complication would be if you furnish a Power of Attorney to her giving her the right to alienate the property from your end. 

This should ensure there can be no complications at all. But then again the POA is not necessary and she can sell it now as well if she has the entire share of the property.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

Since you state that your mother has already executed a registered settlement deed in your favor, I think you can sell the property on your own without undergoing the tedious process of revoking the registered settlement by executing a cancellation deed jointly along with your mother. 
Well for revocation of the irrevocable settlement deed in your favor, you both have to execute a cancellation deed cancelling the said settlement deed by mutual consent after which the property will revert to your mother's name. 
For this you do not have to go to court, you can visit the concerned registrar office and execute the cancellation deed in front of the registrar. 
Take the help of a local lawyer in  the event of facing any difficulty.
T Kalaiselvan
Advocate, Vellore
36996 Answers
403 Consultations

5.0 on 5.0

1) is the deed of settlement duly stamped and registered? 

2) if so deed of cancellation has to be excuted by mutual consent of the parties 

3) then only your mother can sell the property 
Ajay Sethi
Advocate, Mumbai
46845 Answers
2770 Consultations

5.0 on 5.0

Since you are the sole legal heirs you need not disclose the settlement deed to the prospective buyer.
Ask your mother to sell the property to facilitate of which you sing the same as one of the witnesses .
This is because of the settlement deed is registered then she will have to revoke it by way of registered deed of revocation with your consent.
Devajyoti Barman
Advocate, Kolkata
13164 Answers
175 Consultations

5.0 on 5.0

1. If the family settlement is to take effect after her demise then during her lifetime she is the owner of the property. As a corollary thereto, she is at liberty to sell the house without cancelling the deed. There is no need to go to court to cancel the deed.

2. If the title has transferred to you in terms of the settlement deed then you can sell the property.

Ashish Davessar
Advocate, Jaipur
23166 Answers
641 Consultations

5.0 on 5.0

if the settlement deed specifies that it will take effect during her lifetime and that you become the absolute owner with immediate effect then in order to sell the settlement deed executed in your favour must be cancelled by a deed of cancellation of settlement.
If the deed were to take effect only on her demise, then if both you and your mother jointly sell the property now she being the seller and you the consenting or confirming witness, this would suffice without you having to go for cancellation of the deed.
It would be simpler if both you and your mother agree to revoke or cancel the settlement deed and thereafter proceed to sell the property.
Kiran N. Murthy
Advocate, Bangalore
1019 Answers
91 Consultations

5.0 on 5.0

A. Whether the Settlement Deed is registered or not?

B. If it is not registered, you can ignore this document and apply for mutation process before the local authority by presenting required documents i.e, family tree, affidavit and etc.,

C. If it is registered and you have got the right through Settlement deed by mentioning in mutation records that would be sufficient and cancellation of the Settlement Deed is immaterial.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

1. You shall have to execute and register a cancellation deed for cancelling the said settlement deed,

2. After registering the said cancellation deed, you and your mother can sell the said property.

3. You won't have to go to Court but to the Registrar's office for registering the cancellation deed.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

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