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Jainantony Antony   26 November 2020

cancellation of settlement deed

sirs
Is it possible to cancel a settlement deed unilaterally which is executed two years ago. After that mutation effected in favour of donee. kindly respond . It is an unconditional deed


Learning

 7 Replies

Pradipta Nath (Advocate)     26 November 2020

In case any one party of a settlement deed is not honoring the settlement deed, the other party can take legal recourse.

kavksatyanarayana (subregistrar/supdt.(retired))     26 November 2020

You have to file a case against the donor.  consult a local lawyer.

Advocate Bhartesh goyal (advocate)     27 November 2020

Settlement deed executed between two or more persons can not be cancelled unilaterally For cancellation donor has to file suit before civil court.

Meenakshi Sakhare   27 November 2020

Donor Donee these terms arise from gift deeds,

You have mentioned Settlement Deed. a Settlement Deed in general cannot be cancelled unilaterally unless the terms of the Deed provides for it.

You will have to executed a cancellation Deed which both persons will execute meaning both persons will agree to. OR else You can file a civil suit for cancellation of Deed on grounds of fraud or breach of terms of the Deed. 

 

Regards

Meenakshi

1 Like

G.L.N. Prasad (Retired employee.)     27 November 2020

There should be legally valid reasons for seeking cancellation like fraud, suppressing of material facts, undue influence, cheating etc and it is very difficult to establish all these after several years.

P. Venu (Advocate)     28 November 2020

You have not posted the complete facts esp. as to why the deed was cancelled.

Dr J C Vashista (Advocate)     03 December 2020

Why one of the settling party want to rescind his/ her consent ?

Incomplete facts can not lead to form an opinion and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

 

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