cancellation of a settlement on breach of terms
mathi vadhana
(Querist) 04 January 2011
This query is : Resolved
can a settlement made by a father to his son be cancelled later because he has not gone by the terms of the settlement,?
a portion of property was settled to son by father for his marriage, but he occupied the rest n is collecting rents as against its terms in the settlement deed, so the father cancelled it in registrar office without giving notice.is it valid?what remedy he can have to get back his property?
mathi vadhana
(Querist) 05 January 2011
thank u sir, under what sec can cancellation b made valid?without giving notice to the settlee will be challenged or not bcos now the son has filed suit saying it is invalid since notice was not given n so registration is also invalid.many say that it cant be revoked once settled,which is valid?
Raj Kumar Makkad
(Expert) 05 January 2011
If settlement was in the form of a gift and a specific term was assigned thereto then on its violation, the donor/settler can revoke the deed and there is no need to give notice to him as per section 126 of Transfer of Property Act, 1882.
mathi vadhana
(Querist) 05 January 2011
thank u so much sir, but this deed was settled on luv n affection with this condition.now can he state this in his written statement ?or shd he file a seperate suit for declaring settlement as null n void?can he write a WILL now?
mathi vadhana
(Querist) 05 January 2011
what is reversible clause?can dis condition to retain n collect rent b cald as reversible clause?or simply a breach of condition?shd he write a WILL only after getting vacated the stay on registering of documents pertaining to case as askd by the son or can he write even during the pendency of this case?
mathi vadhana
(Querist) 06 January 2011
sir,
sec 126 of T.P act recites dat a cancellation can b done unilaterally only in cases of fraud, misrepresentation n coercion,or upon a clause with a specified agreed condition on happening of an event,n A CLAUSE with a right of reservation of cancellation.NOTHING CONTAINED IN THIS SEC SHALL B DEEMED TO AFFECT THE RITES OF TRANSFEREE FOR CONSIDERATION WITHOUT NOTICE,wat is its meaning?
in the above case,there are no such lines n no mention of word gift n it was cancelled without notice.but there is a breach.now wat is the validity of cancellation?without all these,can the father cancel thru crt?
