Settlement deed Unilateral cancellation
A (Mother) had settled (Gift) the self-acquired property to B (Son) in the year 1994 .There is no conditions mentioned in the settlement deed and clearly mentioned as irrevocable. Subsequent to this Patta , Property tax and EB has been transferred to B and enjoying the property right from 1994 (Physical possession from 1994 to 2000 and constructive possession from 2001 to till date)
in the year Aug 2015 , A had cancelled the Gift settlement deed unilaterally and settled the property to her daughters C & D in the subsequent month .
Subsequent to this A had given a police complaint saying B his wife & sons are harassing her , torturing mentally and physically and trying to evict her from the property which is in question .(CSR had been registered)
Smelling some trouble on the intention of A , B had applied for EC and came to know that A had cancelled the settlement deed and settled the property to C&D.
B had filed a civil suit and got and interim injunction to avoid further alienating of property. Post this interim injunction A had once again filed a police complaint saying that B and his heirs are once again threatening her and trying to evict her from the property which is in question.
I have following queries
- Whether A can succeed in civil suit based on senior citizen law (2007) in her favor, though the document is registered before this law came in to effect.
- Whether the police complaint filed by A will go in her favor though the complaint had been registered after unilateral cancellation of settlement deed
- How to handle , if A goes for once more police complaint
- Whether the constructive possession of B over the property will be a disadvantage