Hi in july 2023 , my fathers distant family member manipulated my dad and mom and coaxed my parents into signing a settlement deed for their house and land without discussion with us ( children) My elderly parents have no understanding of what they signed and surprised to learn my Dads house and land in now owned by this distant relative We have filed a case in in Mavilerika court - since October 2023 to cancell settlment deed but there is no progress . The property and land is now under the distant family member . We are awating still for issues to filed by the court but still no progress . The distant family member has removed trees from my fathers property and now renting property and keeping funds. This case should have been reversed in favor of my elderly parents who to this day can not verbalize understanding of what was signed . We tried to settle , with distant family member by asking for fair value ot home and land but he is now not willing to settle. Please advise 1> why court is taking so long for a case involving fraud and manipulation of elderly and settlement deed signed is not cancelled ? It now a 1.5 years 2. While case is going on why is distant cousin allowed to manipulate property and rent and make profit as it is prime realestate ? 3. What can be done to speed up the cancellation of settlement deed and return deed back to my parents 4. What happens if both my parents get sick or passes while ongoing court case ? 5. My parents will state that property and land would go to their children - what weight does that have on the case ? Please advise - what can be done to speed this process , cancel settlement deed and return property and land back to parents ? What can be done to stop distant cousin from renting and manipulating property as he is using it as it his own ?
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You should seek expedited hearing as your parents are senior citizens
2) suit take 15 years to be disposed of
3) on parents demise as legal heir you can continue the case
4) once settlement deed is executed title on property passes on to relative
5) will has no effect
6) seek appointment of court receiver in the suit
Delay in Court: Civil cases in India, especially property disputes, can take time due to backlog and procedural delays. However, you can file an application for expedited hearing citing elder abuse and urgency.
Use of Property by Cousin: Since the deed is still legally in his name, he is able to exploit the property. File an injunction application immediately to stop him from renting, altering, or profiting from it until the case is decided.
To Speed Up Case:
File a petition for early hearing citing manipulation of vulnerable elders.
File for temporary injunction to stop property misuse.
Seek help from a senior advocate or approach High Court for quicker relief.
If Parents Fall Ill or Pass Away:
File a Power of Attorney or Affidavit now so children can continue legal proceedings.
If they pass, legal heirs (children) can step in as plaintiffs in the ongoing case.
Parents’ Statement of Intention:
Their testimony that the settlement was signed under coercion and not understood is critical evidence.
Also, a registered will or affidavit may support the case if they pass away.
Action Steps:
File injunction to stop current use of property.
Move for expedited trial.
Ensure legal representation for parents or heirs is secured in advance.
If it’s a civil case you can go ahead with the case after their death
Since you have filed the suit for cancellation of settlement deed and for possession, you may to wait for the court proceedings which will go on as per law.
You can get power of attorney deed in your favour and conduct the case on behalf of your father.
In the absence of your father his legal heirs can continue the case.
The Will by your father may not be enforceable if he's not having clear and marketable title to the property bequeathed through the Will.
Dear Client,
The follwing are the analysis and asnwers to your questions.
1. Why is the court not expediting to cancel the settlement deed in light of alleged fraud and manipulation?
Civil property cases, particularly ones involving fraud, coercion, or undue influence, are time-consuming because fact-finding, production of evidence, and arguments at law need time. Courts observe procedural fairness and permit each party to lay their case out, and it leads to delay. The court cannot arbitrarily cancel a registered settlement deed without adequate evidence of fraud or coercion and a trial. The remedy would be to file a suit for cancellation under Section 31 of the Specific Relief Act, which is discretionary and time-consuming.
2. Why can the distant relative take on rent and earn money from the property while the case is still pending?
Once the settlement deed is registered, the distant relative is the legal owner until the court rules otherwise. Courts do not normally interfere with possession or use of property during litigation unless a temporary injunction or stay order is issued. Unless you have obtained a temporary injunction restraining the relative from renting or alienating the property, they legally can continue possession and earn income.
3. What can be done to expedite cancellation and retrieve property from your parents?
Plead for early hearing or relief (interim injunction) to stop the relative from dealing with the property during the suit. Lay robust documentary and witness evidence establishing fraud, manipulation, and incapacity of your elderly parents to execute the deed knowingly. Appoint a skilled advocate to press for case listing and speed up proceedings. Negotiate mediation or settlement if possible, but if the relative does not agree, proceed with litigation. Sue for criminal fraud or forgery if supported by evidence, which can also bring pressure.
4. What if your parents get ill or die during the case?
The case can be proceeded with by their legal representatives or legal heirs. Their inability or death does not necessarily invalidate the suit; successors can fill their shoes to carry on the claim. It is recommended that a power of attorney or legal guardian be appointed to handle proceedings if parents are unable.
5. What value is your parents' assertion that property should belong to their children?
Your parents' intention or spoken words are significant but not decisive without written evidence (Will or registered document). Courts mainly use registered deeds and documentary proof. But proof of manipulation and deprivation of consent can be in your favor to get back property to parents and ultimately to heirs
File a petition for speedy disposal in Kerala High Court.
The legal process in India can be lengthy and involve multiple stages, including filing of pleadings, evidence gathering, witness examination, and arguments. Each step takes time, and adjournments can further prolong the process. Cases may be adjourned for various reasons, such as the unavailability of lawyers, witnesses, or judges, or requests for more time to file documents or prepare arguments.
Dear Sir/Madam,
The point wise reply of your queries may be as follows:
1> why court is taking so long for a case involving fraud and manipulation of elderly and settlement deed signed is not cancelled ? It now a 1.5 years It is quite possible that the Trial Court is might burdened by the pendency of so much cases with it and may not be taking your case with so much priority. In these circumstances, you may proceed to high court for a direction to the Trial Court for timely disposal of the matter.
2. While case is going on why is distant cousin allowed to manipulate property and rent and make profit as it is prime realestate ? It is not possible to figure out from your query that whether you have filed an application under order 39 Rule 1 and 2 of CPC for retstraining your cousin from restaining from maniputing the proeprty and rest and making the profit of the property in question. If not filed earlier, you are suggested to file and get the favourable order. If it already filed and order passed by the Court already, then file the contempt petition.
3. What can be done to speed up the cancellation of settlement deed and return deed back to my parents.
The process already explained in reply to queries of point 1.
4. What happens if both my parents get sick or passes while ongoing court case ?
In the case of any uneventuality, you may suceed your parents as the plaintiff.
5. My parents will state that property and land would go to their children - what weight does that have on the case ?
For that option, you may get a valid and registered WILL from the parents.
Given the serious allegations of fraud, misrepresentation, and undue influence over elderly parents in executing a settlement deed, your case raises important concerns both civilly and criminally. Here is legal advice addressing each of your concerns in a structured manner:
1. Delay in Court Proceedings:
Indian civil courts are often overburdened, and unless interim relief is sought aggressively, cases involving cancellation of documents such as settlement deeds can take years. However, since the settlement was allegedly obtained by fraud and manipulation of elderly persons, your advocate should move an application for interim injunction under Order 39 Rule 1 & 2 of the CPC to restrain the distant relative from further alienating, leasing, or altering the propertyduring pendency of the suit. If your counsel hasn't done this yet, it is a serious lapse and must be addressed immediately.
2. Illegal Use and Profiting During Case:
If no injunction was obtained at the time of filing, the defendant can legally use the property unless restrained by court order. The immediate remedy is to file an injunction application stating that the continued use, felling of trees, and rental income is causing irreparable loss, and pray that the possession or profits be frozen or directed to be held in court trust (court receiver can be appointed). Additionally, a complaint to the police can be filed under Section 420 IPC (cheating) and Section 406 IPC (criminal breach of trust) if the signature was obtained fraudulently or under deception.
3. Steps to Speed Up Cancellation of Settlement Deed:
Ensure a strong interim injunction application is on record and argue for urgent hearing.
File a writ petition before the High Court seeking direction for time-bound disposal if the lower court is not moving forward.
Simultaneously, consider criminal action for cheating and criminal intimidation if threats or coercion were involved. Criminal proceedings can sometimes exert necessary pressure.
Keep applying for early hearing under Section 151 CPC.
4. If Parents Pass Away During the Case:
If either or both of your parents pass away, the right to sue survives under Order 22 of CPC. You, as legal heirs, can be substituted as plaintiffs. However, delay in substitution may abate the suit. So, keep a vigilant eye on your parents' health and be prepared with legal heirship proof to file for substitution immediately if needed.
5. Weight of a Will in Favour of Children:
If your parents execute a registered Will in your favour now, it will not override the already executed registered settlement deed, unless the latter is cancelled. However, it will show their clear intention and could support the claim that the original deed was obtained without understanding and against their will. Such a Will can be used as corroborative evidence in your current civil suit.
Injunction Petition – File or press for urgent hearing.
Police Complaint – File under IPC 406 & 420 for criminal pressure.
Writ in High Court – For time-bound disposal.
Will Execution – Get a registered Will made to reaffirm their intent.
Press for Court Receiver – To manage rental income till final decision.
Conclusion:
This is a serious case of property fraud involving elderly persons and must be handled both on civil and criminal fronts. Your counsel must aggressively pursue interim remedies to stop ongoing damage. Delay is often due to passive litigation — you must now push for urgent listing and also explore filing a criminal complaint to escalate the matter.
If you need help with drafting a strong interim application or criminal complaint, I can assist you further. Feel free to reach out at Legal Corridor
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
