Settlement deed cancelled 25 years ago whether it is claimable
Anwaar Mohammed
(Querist) 14 April 2015
This query is : Resolved
My father is the second of four brother's in a muslim family. My father was raised by his father’s (My grand father) brother(hereinafter referred as ‘A’) and his wife(hereinafter referred as ‘B’). ‘B’ was holding a property to which she is the absolute owner, she settled the property in favor of my father in 1960, because A and B had no heirs. Since settlement my father was in absolute possession and peaceful enjoyment of the said property. In the year 1983, my father settled the 3/4th portion of the property to his three brother’s retaining 1/4th portion for himself, however possession was not given to his brothers. Even after settling to his brother’s my father was in absolute possession of the whole property. Even in the settlement deed there is a clause clearly states that no possession is given and the settlees were given life interest on the property and full ownership is only given to the children of the settlees in future, because none of my uncles were married at the time of settlement(1983).
Subsequently in the year 1989 my father cancelled the settled property by a registered revocation/cancellation deed. All my uncles were agreed for the cancellation and also made an affidavit to that effect.Even while cancellation only one of my uncle got married but did not had any child, remaining two were single. Since then lots of transactions were made on that property. The same property was given as a collateral security by my father for loan sanctioning. Since 1960 to 2012 my father was in absolute possession and enjoyment of the said property. All the governmental recors bears my father’s name.
In the year 2012 my father settled the same property to me and my sister absolutely with possession by registered settlement deed. Subsequent to the settlement me and my sister made necessary changes in all the records like Assessment order, metro water etc…Encumbrance certificate shows my name and my sister’s name.
Now a question arises as to whether my uncles or their family have any right over the property. Whether they can challenge me and my sister in the court on any grounds.
Correct me if I am wrong.
1) For a settlement deed to be valid there must be handing over of possession and taking over of possession.
2) Life interest is not valid under muslim personal law.
3) Transfer to a person not in existence is not valid under muslim personal law.
4) This cannot be challenged because it is barred by limitation act(1989 to 2015) 26 years already expired.
5) Affidavit signed by my uncles shows their consent for cancellation and they haven’t challenged till date.
Even now we have applied for construction of the said property in the corporation, the plan was sanctioned and approved.
If my question is not clear please do not hesitate to ask. I would like to know whether there are any chances available to them. I need to be prepared for the all the legal chances available to them.
Raj Kumar Makkad
(Expert) 14 April 2015
1. No unless terms of the the settlement so prescribe.
2. You are wrong. Even life interest can also be given under Muslim Law.
3. Yes.
4. Yes but the major thing is that your uncles were part of the cancellation of the earlier settlement-deed.
5. Yes.
Dr J C Vashista
(Expert) 19 April 2015
Too long an academic query by a law student, seek guidance from your tutor.
Anwaar Mohammed
(Querist) 23 June 2015
Thank you all for you responses and I apologize for the delayed reply.
Now new problem cropped up. I got a call yesterday from a person claiming to be a chief representative of a political party stating that he received a petition from my Aunts. He insisted I should go and meet him and settle the dispute.
I would like to know as to what are the options available to me, I am 100% sure that they don not have a single evidence to prove the ownership of the property. It is almost 45 years now, my father enjoyed the property and now me and my sister enjoying the property. All the records are in our name.
How to deal with these guys? If they have any valid proof, they would have approached court.
