27 April 2011
Father has executed settlement deed for his own self occupied house in the year 2002 , mentioning that the property will be settled to 2 of his sons ( A & B ) equally after his life time .
Till life time the ownership is retained by father ,
Settlement deed is also registered with Sub – Registrar office .
Father being widower and his family comprises of 2 sons and 3 daughters ( all are alive and married with siblings ) . In the year 2009 , father has cancelled the settlement deed with the same Sub registrar office .
Father has taken a NO Objection certificate from his son B duly signed and notarized for his records
Son A has not turn up and he is not aware of the cancellation of settlement deed . Further A has not given any NOC letter so far to father in this regard
Query 1 Whether the cancellation of settlement deed is valid under court of law as settlement deed was executed with the knowledge of A & B and cancellation only with the knowledge of B only ??
Father decided to sell the house referred above during his life time ?? Whether the prospective purchase can demand No Objection certificate as mandatory ( in legal terms ) while purchasing house similar to B given . If so give reference of quoting relevant law
Whether A can file a suit under court of law for treating the cancellation of settlement deed as void as he is not a party for the same ?? if so what is the status of cancellation of settlement deed ?? Is it valid or not ??
After father death , whether the property will be shared between A & B (OR) to all his 5 children ( treating as legal heirs ) in case the cancellation of settlement deed is valid