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cancellation of settlement deed

(Querist) 24 October 2014 This query is : Resolved 
Whether a settlement deed can be cancelled? If yes then define me how it can be cancelled
Devajyoti Barman (Expert) 25 October 2014
academic query...give details if it is not.
Guest (Expert) 25 October 2014
Dear Author,Yes it could be cancelled.The Consent,Presence of beneficiery Not Required.Confirm the Same with Your Registrar and get it Drafted by the Document Writers there.A Simple Reason Of Not Required would be enough.
Anirudh (Expert) 25 October 2014
Dear Mr. Jagadhathri,

I think you have asked the same query in another thread also, where I have replied to you.
Guest (Expert) 25 October 2014
Dear Author,Practically I had done it.The Parents had Executed a Settlement Deed in Favour of their Son who is an Advocate also.After few years Son who was listenig to his wife wanted to vacate his parents.By God's Grace the Settlement Deed was Cancelled with out their Son's Consent at the Registrar Office.You could also refer to the modified laws regarding the same which the Registrars are very much aware of the same.The Settlement Deed will be cancelled with out questions Meet the Concerned Registrar in Person and your job would be done in two hours including Typing.Post the developments to LCI please
Guest (Expert) 25 October 2014
Dear Author Please Note there is a Vast Difference between Settlement Deed and Gift Deed.In this Thread we are only discussing about Settlement Deed please.
Sudhir Kumar, Advocate (Expert) 25 October 2014
the query is vague.
Rajendra K Goyal (Expert) 25 October 2014
Academic query.
Rajendra K Goyal (Expert) 25 October 2014
Repeated also:

http://www.lawyersclubindia.com/experts/cancellation-of-settlement-deed-503831.asp#.VEs3xfmUen0
V R SHROFF (Expert) 25 October 2014
Dear Advocate;

Being Professional, such topics can be handled with your Sr.

Pl avoid asking Academic Query to Experts Sites..
ajay sethi (Expert) 25 October 2014
academic query
malipeddi jaggarao (Expert) 25 October 2014
No reply to repeated and academic query.
Anirudh (Expert) 25 October 2014
Dear Mr. Jagadhathri,

Unless any reservation had been made in the settlement deed for revocation of the same on the happening of any specific event, the same cannot be cancelled at all. This is for sure. There are plethora of judicial decisions to back up this.
Guest (Expert) 25 October 2014
Dear Author,No Reservation is required for Cancelling Any Settlement Deed.Executor of Settlement has Full Right to Cancel the Same,Even For a Simple Reason Not Required.Meet Your Registrar office and it would be Done.
Anirudh (Expert) 25 October 2014
Dear Mr. Jagadhathri,
The following are some of the High Court decisions from where I draw support to my views:

Madras High Court
K.A.Shanmugam vs Tamilarasi on 23 September, 2011
In the High Court of Judicature at Madras
Dated: 23.09.2011
Coram:
The Honourable Mr. Justice R.SUBBIAH
Second Appeal Nos.1656 and 1657 of 2008
and M.P.No.1 of 2009

19. In 1999 (III) CTC 217 (supra), this Court has held as follows:
"9. ……… In this context I perused Ex.A.1., settlement deed. It is a very simple settlement deed executed out of sheer love and affection which the second defendant had towards her daughter/plaintiff. No reservation had been made in this settlement deed for revocation of the same on the happening of any specific event, which was not within the control of the second defendant. Therefore this ground to have the settlement deed revoked, is not available at all. Section 126 of the Transfer of Property Act also provides for revocation of the settlement deed "on any ground on which the contract can be rescinded except the ground of want of or failure of consideration." None of the grounds available under the Contract Act namely, undue influence, coercion, misrepresentation or fraud, are neither pleaded nor established.

**********
Madras High Court
S.Ganesan vs Bharathirajan on 26 June, 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26/06/2009
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
A.S.No.179 of 1998
and
C.M.P. No.6674 of 1998
S.Ganesan ... Appellant
vs.
Bharathirajan ... Respondent

7. I have heard the learned counsels for the appellant as well as the respondent. It is seen from the records that the settlement deed has been executed by mere appeal in favour of the vendors of the defendant under Ex.B3. The settlement deed being a registered settlement deed and irrevocable there is no power vested with the said Balu to revoke the same under Ex.A57. Therefore the Court below has rightly held that the unilateral cancellation of the settlement deed by the said Balu is void since he did not have the title to the suit property.

**********

Karnataka High Court
V Ethiraj vs Smt S Sridevi Since Deceased By Her ... on 7 June, 2013

REGULAR FIRST APPEAL No.1217 OF 2011

BETWEEN:

V. Ethiraj, vs. S.Sridevi and others

8. The 1st defendant submitted that the plaintiff claims the right under the Settlement Deed dated 8 RFA 1217/11 25.03.1959, which was subsequently cancelled by registration of Cancellation Deed, dated 19.05.1978 by Smt. Lokamma @ Sharadamma. Therefore, there is no justification for the plaintiff to claim any right under the said Settlement Deed dated 25.03.1995 as it is stood cancelled as aforesaid on 19.05.1978. Smt. Lokamma @ Sharadamma has left a registered Will dated 11.09.1981. Smt. Lokamma @ Sharadamma expired on 26.12.1981. The registered Will executed by Smt. Lokamma @ Sharadamma is accepted and acted upon by the plaintiff.
….
17. In the light of the aforesaid facts and rival contentions of the parties the points that arise for our consideration are:
1) Whether the findings of the trial Court that the cancellation deed executed by Smt. Lokamma cancelling the earlier settlement ded dated 25.03.1959 is void, requires interference?

Once, the settlement deed was executed in favour of her daughter, Lokamma lost her right, title and interest in the schedule property. On the day she executed cancellation deed, she had no right in the property. The registered settlement deed cannot be cancelled by executing a cancellation deed. If at all the said document is to be canceled, it had to be done under the provisions of Specific Relief Act, by approaching a competent civil Court for cancellation of such document. The fact of fraud, undue influence, mistake or any other ground which is alleged for cancellation of the said documents being proved, the Court may order for cancellation. That is the only mode known to law to cancel the registered settlement deed. Otherwise the parties by consent has to annul the settlement by executing the document of reconveyance, the settlee can give up her right in favour of the settlor.”

So, when I give my views, I do not give without support. If you still want some more, Mr. Jagadhathri, please ask me, I can give you a number of citations in support.
Guest (Expert) 25 October 2014
Dear Author,Please Do Not Get Confused.After Executing the Settlement Deed If No other Transaction had taken place by the beneficiery you could very well cancel the same.Apart from this The Parents and Senior Citizens Act had been recently revised in related to Settlement Deeds.But all this are subject to The Property is Still Held by the Beneficiery only.Unless and Until there were No Other Transaction after Execution of Your Settlement Deed You Could Cancel It with out Their Consent.In Fact I had Done it where the Beneficiery is a Leading Advocate.
Sudhir Kumar, Advocate (Expert) 25 October 2014
So far only experts are expressing view. Let the querist also share facts.
Anirudh (Expert) 26 October 2014
I read in one thread in this LCI titled "Marriage solemnized before an advocate (Family Law)" wherein Dr. V.Nageswar Rao, had posted a recent Madras High Court judgment as to how the Advocates there were indulging in some practices which are not legal and how the Registrar of Marriages were registering such marriages.

Therefore, the question here is not whether anybody can get the job done, but whether it is legally tenable.

Unless any action is supported by legal provisions (in fact overcoming the judicial decisions including of Madras HC itself) which I have cited, my legal mind refuses to budge.
Guest (Expert) 26 October 2014
Dear Author, Please Proceed and all the best.And in LCI the replies were only to the Authors.Any Expert who needs any clarification or having doubts could post a Seperate Query for the same.
Advocate. Arunagiri (Expert) 26 October 2014
Once the gift deed or settlement deed is registered, without any conditions, it can not be cancelled. The donor looses his rights over the property, in such a case, how can he cancel the settlement or gift deed. If he wants to cancel this settlement deed he has to approach the civil court only. He can not unilaterally register a cancellation deed cancelling the settlement deed. The act of the Registrars were annulled by various high court and supreme court judgments.
There are numerous decisions in support of my opinion.
1. Supreme Court of India
Asokan vs Lakshmikutty & Ors on 14 December, 2007

CASE NO.: Appeal (civil) 5942 of 2007
PETITIONER: Asokan RESPONDENT: Lakshmikutty & Ors.
DATE OF JUDGMENT: 14/12/2007
31. Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.

2. THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.Nos.17182 of 2011 and 5046 of 2012
38. It will be for respondent No.1 or persons drawing their title from her to challenge the Gift Deed in the civil Court, but gift deed could not be revoked by way of cancellation deed, once the case did not fall within the exceptions, under Section 126 of the Transfer of Property Act.

39. The ratio of the judgments is that a person having no right in the property cannot get it cancelled by getting it registered. In the case of gift, the donor after executing the gift deed when it is accepted by the donee, is left with no interest in the property, therefore, it was not open to the respondent to get the cancellation deed registered, as she could have challenged it by filing civil suit and proving the allegations of fraud.

40. For the reasons stated hereinabove, registration of impugned deed of cancellation, cannot be sustained in law, being against the public policy.

41. The writ petitions are accordingly allowed. The registration deed of cancellation is ordered to be quashed.

Anirudh (Expert) 26 October 2014
Dear Mr. Arunagiri,

Please also see the following thread where you have given different view.

http://www.lawyersclubindia.com/experts/Cancellation-of-registred-sale-deed-503701.asp#.VEyjJldw6fs
Advocate. Arunagiri (Expert) 26 October 2014
Mr.Anirudh,

I have given that opinion for cancellation of registered SALE deed.

This current query is cancellation of SETTLEMENT deed.

It is quite natural to have a different views.
Guest (Expert) 26 October 2014
Dear Author,Your good self could Cancel the Settlement Deed as advised by me Please.
Anirudh (Expert) 27 October 2014
Dear Mr. Jagadhathri,

You raised a query. I have a legal answer supported by even a Full Bench Decision of the High Court of Madras, while Mr. Arunagiri gave Supreme Court decision on this specific point.

It is for you to decide whether to follow legal provision and judicial pronouncements or otherwise.

May God Bless you.
Guest (Expert) 27 October 2014
Dear Author,Practically you could Do It
Anirudh (Expert) 27 October 2014
Dear Mr. Jagadhathri,

I think you appreciate that only which is legal will be enduring, and what is practical may not always be legal. In the present case, legally, a settlement deed cannot be cancelled, judicial pronouncements in this regard support this view. In spite of it any talk about practicality is futile.

Many persons practically commit murder - just because some murder has been practically committed or can be committed, will not turn the murder a legal thing.
Guest (Expert) 27 October 2014
Dear Author,It is always Preferred to know with whom we are dealing ,From whom we are getting Replies,Who they are,What they are,From where they are etc.'About Me' of their profile when speaks nothing about themselves better to avoid since they are nothing but Anonymous.
Anirudh (Expert) 27 October 2014
Dear Mr. Jagadhathri,

It is no use having lengthy profile while dishing out improper legal replies.

It is better to have no profile and yet to give a proper legal answer backed by Judicial pronouncements.

It is only when one lacks judicial backing, one harps on silly and petty things like profile etc. It is noteworthy that LCI itself has not insisted upon the need for such profile.
Guest (Expert) 27 October 2014
Dear Author,Please Ignore Anonymous Please.They Purposely know what they do
Anirudh (Expert) 27 October 2014
It is better to do knowingly rather than to do anything without knowing at all!


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