• Cancellation of sale deed

I have purchased 5 cents land in 2004.To obtain loan I have given a settlement deed to my husband (only 2.5 cents)in the same year.It is for a nominal fee.As per the deed it was out of love and trust I prepared the deed.After the house has constructed and the due course of time my husband's behavior has changed.He has been forcing me for a divorce for the last 3 years.But he has stopped supporting me financially and now I am in a position to give him divorce. He is planning to get married soon.He has taken the charge of the house and since he has taken loan( only 25% of the whole house construction).iHe want s the whole ownership of the property and was abusing me.The land is located in a very high price area and it is the only source of income for me and my 13 year old daughter.We have given this house for rent and living in an affordable accommodation.I have some health issues after an accident and his physical abuse. He is neither caring us nor helping us financially. I got a protection order and now the mediation is going on.I want to cancel this deed.Is it possible.I would like to prepare a will for my daughter as my in laws have an eye on this property.It is the sole asset I have for my daughter.She is 13 years now.The original ownership is still vested in me.
Asked 1 year ago in Property Law from Pondicherry, Puducherry
Religion: Hindu
1. Sorry the cancellation iof deed is not possible. However if after years of litigation in the civil suit you can prove that the deed you executed in his favour was the outcome of force, misrepresentation and coercion then only the civil court can set aside such deed.
2. In the DV case you can very much claim maintenance and residence order. Since you have already got protection order then your husband can not force you out of the house.
3. You and your husband both are joint owner of the property .
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1) you have executed gift deed for 50 percent of the land 

2) your husband is now joint owner of the land 

3) if you move court to set aside gift deed chances of success would be bleak as once gift deed is made title passes on to the donee 

4) you would have to prove that gift deed was executed by coercion or undue influence 

5) your best option is to refuse to give divorce unless he executes gift deed in favour of your daughter for his 50 per cent share 

6) of your husband wantsa divorce  to remarry he would agree to your terms 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
File a 498A , 406 IPC case against him.
File execution petition in court to execute the order. Your parents can separately file case of threat and intimidation against your in laws.
In the DV case you should highlight the rent issue. File interim petition of maintenance.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1) you cannot cancel the gift deed unilaterally 

2) you have to move court to set aside gift deed on account of coercion or undue nfluence 

3) suit would take around 10 years to be disposed of 

4) file 498A case against him fir acts of cruelty 

5) file DV case and seek protection order against him 

6) seek maintenance for your daughter 

7) if husband agrees to execute gift deed for 50 per cent share of land then go for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. You have already executed and registered a settlement deed for 2.5 cents of your 5 cents of landed property,

2. The Title of the said property and any construction thereupon stands in the name of your husband now,

3. You can not cancel the above registered settlement deed now,

4. You are the owner of the remaining 2.5 cents of the landed property which you can use for earning your living.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1. You have two separate cases. One is dowry harassment/divorce/MCD and the other is getting back the landed property which you have already settled in his favour through a registered settlement deed,

2. You can not get back the settled property unless he gives you back the said property through a gift/settlement deed,

3. You can follow the legal recourse in connection with your dowry harassment/divorce/MCD separately and try to get back your property amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
Hi, you can't cancel the settlement deed  you have to file a suit before the court for cancellation of settlement deed under what circumstance you have executed settlement deed.

2. If he does not release his right over the property then  you don't agree for divorce by mutual consent.

3. If he  has not pay the maintenance then file an application under section 24 of the H.M. Act for seeking for  maintenance and it is the duty of the husband to maintain his wife and children.

4. As he is Central Government Employee you can recover the maintenance amount easily. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
After creating a settlement deed your husband has got 1/2 share in the property. If you need to get full ownership of the property ,then you want to get a relinquishment deed from  his side. Or file a case for declaration of the settlement deed created by you is null and void.In that extent you have to prove it is created by his undue influence ,coercion and fraud 

You can legally claim the 1/2 of the rent amount  .Also you and your daughter can claim monthly maintenance from your husband. For that purpose you have to file maintenance petition before family court or Judicial magistrate court. It is the duty of the husband to maintain his wife and children. Also file DV case for protection from cruelty.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. A deed of transfer of property can be cancelled unilaterally only if it is unconditional. If, however, the deed is unconditional the deed can be cancelled only by a court of law and there are very limited grounds on which you can seek the cancellation from the court. The deed can be sought to be cancelled by the court on the ground that it was made under duress or undue influence, Another ground on which cancellation can be sought is that your husband has abdicated an inescapable legal obligation i,e to support you financially.

2. You can request him to return the property but it is for him to take the call now. The deed can also be cancelled with mutual consent. 

3. You are at liberty to prosecute him for dowry harassment. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
If the settlement deed was an unregistered document, then it has no validity in the eyes of law. Also you have stated that you have given only half the property as settlement hence you should be possessing balance 50% of property in your name.
You have stated that the original ownership is still lying in you name, what do you mean by it.  If you had executed an irrevocable registered settlement deed in your husband' s favor, it may not be possible to revoke the same without his consent. 
In fact you do not execute any deed on your daughter's name too immediately because your husband will be her natural guardian until she attains the age of 18 years, hence he may play a trick on that aspect too. 
However, you can submit a fresh cancellation document before the concerned registrar cancelling the earlier settlement deed as the same was  not acted upon by him so far nor has made any attempt to take possession of the property.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
The relatives are told me to file dowry harassment.He is a central Govt employee and I dont want to make things much complicated. 
If he shows arrogance and remains adamant on plenty of issues, you shoud not show leniency, you can proceed for relief in whatever way you get it.



As per the advise of the mediator we are planning for a MCD. During that settlement can I request him to return the property? or can I cancel the deed with his consent?
Yes, you can draw this issue in the MOU and ask him to accompany you for cancellation of the settlement deed before the registrar's office.



I have sufficient proof for dowry harassment. At present neither he is ready to give me maintenance nor allowing me to receive the rent amount. I really don't know what to do. He has been forcing for divorce and the full ownership of property from the day of my father's death.
If he has to be made alright, you should file multiple cases against him to which he will stand shaken.  Then you can claim your property and rental amount as well. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1) once gift deed is made out of natural love and affection you the donor  title passes on to the donee 

2) there is generally a clause in gift deed that donee has accepted the gift of the property made 

3)  Acceptance – Acceptance of the gift after its execution is a legal requirement and Donee must accept the gift during the lifetime of donor. In case donee fails to accept the gift, it is rendered invalid. The acceptance may be validated by acts such as taking possession of the property.
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
will this make any positive implication in favour of me? 
No.

The property is considered as joint property of you and your husband. When a document created the title is hone to him according to the recital in the document. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Hi based on the above legal ground you have to file a suit for cancellation of the settlement deed.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Though the original sale deed is still in your name, you have already alienated a portion of the property to him vide a registered settlement deed, his acceptance is his signature on the document. 
Your logic of   """"the settlee, the husband of the settler,is faithful to the settler.He is depending on settler. Considering the said fact and natural love and affection shown to the settlee and for his future prosperity,the settler has decided to execute this deed'.
1.After divorce he is not my husband...."""
is nice to hear whereas in the eyes of law, once the property as been transferred/conveyed to a third party by a registered document, the owner loses its proprietary in it. 
Hence it is better to approach this matter on a carefully worded mutually agreed note alone so that he does not becomes cautious about it and refuses to part with the property or declines to cooperate to cancel the settlement deed. 
The only solution to cancel the gift deed properly and as per  law would be that the donee and donor jointly execute a registered  cancellation deed cancelling the registered gift deed in question.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1.After divorce he is not my husband....
2. At no point of time he was my dependent. Actually I am dependent to him.
3.In the deed nowhere his signature is made (stating he has accepted the deed)
4.Nowhere in the document was written as the settlee accepted the deed.
I have bought the land in 2004 only.

The above observations will not render the registered settlement deed invalid or null and void in the eyes of law.  For adopting proper procedures, you may try the suggestions made by me in the earlier reply.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1. The settlee is not required under the law to sign the deed. The deed transfers the property as soon as the settlor signs it. 

2. You have to challenge it on the limited grounds enumerated by me.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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