Settlement deed - cancellation

G. ARAVINTHAN (Querist) 01 August 2014 This query is : Resolved
X executed a settlement deed in favour of his elder son.
Property and possession not taken by elder son

X cancelled the settlement deed and executes settlement deed in favour of second son.

Whether the cancellation is valid ?

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Advocate. Arunagiri (Expert) 01 August 2014
Once the settlement is made, Mr.X looses his right over the property. Mr.X has no right over the property and he can not execute any deed as for as that property is concerned.

Devajyoti Barman (Expert) 01 August 2014
If the first settlement was not acted upon then the second settlement deed is valid provided both are properly executed and registered.

Rajendra K Goyal (Expert) 01 August 2014
Agree with the expert Devajyoti Barman ji.

ajay sethi (Expert) 01 August 2014
X cannot unilaterally cancel the settlement deed without the consent of elder son . the deed must be containing a clause that possession is handed over to elder son .it must be duly stamped and registered .

the second settlement deed is not valid and can be challenged in courts

G. ARAVINTHAN (Querist) 01 August 2014
Yes. There is a clause that possession is been handed over. but that was not executed. But how to prove then non delivery of possession ?

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