Cancelation of irrecoverable settlement deeed
S.Lakshmikanthan
(Querist) 12 October 2014
This query is : Resolved
HELLO EXPERTS,
MY CLIENT'S MOTHER "A" GOT ONE SHARE [FRONT SIDE PORTION OF PROPERTY] BY IRREVOCABLE SETTLEMENT DEED IN 2010 FROM HIS MATERNAL GRANDMA.BY CONVEYING LAND ALONG WITH BUILDING IN FORM A. "A" DIED IN 2012 LEAVING HER ONLY SON-MY CLIENT.
IN 2014,MY CLIENTS MATERNAL UNCLE "B" WHO IS ONE OF THE SHARE HOLDER OF PREVIOUS SETTLEMENT HAD FRAUDULENTLY INDUCED MY CLIENT'S GRANDMA AND CHANGED THE SHARES BY CANCELLING THE PREVIOUS SETTLEMENT DEED OF 2010 UNILATERALLY AND WROTE A NEW SETTLEMENT DEED AND GOT (FRONT SIDE PORTION) TO HIS PART AND (BACK SIDE PORTION) TO MY CLIENT.IN THE NEW DEED OF 2014, THE DEATH OF MY CLIENT'S MOTHER "A" WAS NOT DISCLOSED, AND WAS RE-SETTLED WITH NEW SCHEDULE TO THE DEATH PERSON "A".
BUT THE PREVIOUS SETTLEMENT DEED OF 2010 WAS ACTED UPON AND MY CLIENT BEING THE ONLY LEGAL HEIR OF "A" HAD GOT POSSESSION AND REVENUE ,ELECTRICITY , CORPORATION RECEIPTS WERE PAID BY MY CLIENT IN HIS NAME TILL NOW FOR FRONT PORTION, TILL NOW PATTA STANDS IN HIS GRANDMA'S NAME.
MY QUES IS:
1. WHETHER THE CANCELLATION OF PREVIOUS IRREVOCABLE SETTLEMENT DEED AFTER 2 YRS IS VALID?
2. WHEN A SETTLEMENT DEED CAN BE REVOKED AFTER THE DEATH OF A SETTLEE "A" IS VALID?
3.THE SETTLEMENT GIVEN IN 2010 WITH LAND AND BUILDING, BUT THE SECOND SETTLEMENT IN 2014, CANCELLING THE PREVIOUS SETTLEMENT OF 2010 AND CONVEYING ONLY THE LAND IN THE NEW DEED OF 2014 WITH INTERCHANGING THE SCHEDULE IS VALID?
ALSO , PLS PROVIDE RELAVENT CITATION FOR ABOVE QUERY.
Guest
(Expert) 12 October 2014
If A who had died had not written any will File the Petition in relevant Court and obtain Succession Certificate in Court and transfer the property in your client's favour.Since A is no more she is the owner of the property at the time of her death and her legal heir is the absolute owner of the same as of now.After Effecting the Neccessary Transfer you could cancel the other settlement deeds of your uncle.First initiate the Transfer to your name.Citations not provided by me.
ajay sethi
(Expert) 13 October 2014
you are an advocate . you should search for citations on your own . we dont provide citations
Rajendra K Goyal
(Expert) 13 October 2014
Citation not provided in this section.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
You know the provisions of law very clearly but seeking clarifications very innocently. For citations you may have to search it yourself.
