Revocation of settlement deed - Clarification awaited
P.S.KESAVAN
(Querist) 27 April 2011
This query is : Resolved
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 ??
Query 2
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
Query 3
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 ??
Query 4
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
Awaiting yr reply
Regards
Kesavan
Raj Kumar Makkad
(Expert) 27 April 2011
1. There is no requirement of knowledge to either of sons while getting cancelled Settlement Deed by its execuor.
2. NOC from either of sons is not required in he given case as father himself is exclusive owner in possession of the entire property proposed to be sold.
3. Such suit is not maintainable and devoid of merits.
4. Yes but if proposed sale is made out than none has any relation with the discussed property.
Sri Vijayan.A
(Expert) 01 May 2011
A settlement deed can be revoked, if conditions are imposed on it.
The knowledge about the settlement or the revocation is not necessary as far as the beneficiary is concerned.
Other questions are well answered by Mr.Makkad
