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Imran   20 February 2017

Revoking Settlement Gift Deed.

I am a Muslim. only son to my father and my age is 35. My father is at 62. My father bought properties from my Mom dowry jewels in 1985 before he was nothing. My mother was expired 6 years before. I am married and with 2 childerens. Since he is not comfortable with us and needs companion, He is planing for second marriage now. He genuinely requested myself and my wife to come forward and conduct the same. But I made one condition to accept that he(my father) should settle his properties to me to avoid all legal issues in future with his future companion. Then he too agreed to execute and registered a Deed of Gift (Settlement) on my name with no conditions. But now he got one companion, we came forward and have arranged him for second marriage which is going to be held next month. But after he got second companion and marriage dates are fixed. Now he is threatening me that he wants the original registered document to proceed with legal action against me to cancel the settlement deed since he wants to secure his new wife and her future dependent.

1. Now I am in a great confusion can he revoke this settlement gift deed without my permission and original/copy of regt document?

2. If he can, then what will be the loop holes? What is the justification I can defend?

Deed Content:

Content is simple. Its mentioned in tamil butits says "my father giving the deed in terms of love and affection on me and considering my future. so that i can capture those properties and change all EB, Tax, Corporation to my name and take care of those payments. He is giving this deed with full and complete satisfaction in terms of love and affection on me and he can not withdrawn this deed under any circumstances hence forth. He dont want to claim any benefit for furture dependents from this day".

Note: Currently my father enjoying the benefit of rent from the property i.e. Rs.21000 per month from starting. I too agreed to continue to provide the same till his life to maintain himself and his second companion. Also agreed to help his second wife and children's if comes, monetarily incase of his death. In written also i agreed seperately with my local Jamath commitee. I am with my wife and 2 children's, running with my salary only and no other extra income.

Sincerely seeking advice and input from experts to safegaurd the property.



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 February 2017

Sir,

 

Can you share the contents of the settlement deed .... 

 

Warm Regards

Kapil Chandna Advocate 

9899011450

kgngupta   21 February 2017

Property share both like ur favor ur wife and ur father share and register them and link documents mention and submit the at a time of prepare document registration

Imran   21 February 2017

Sir, Content is simple. Its mentioned in tamil butits says

"my father giving the deed in terms of love and affection on me and considering my future. so that i can capture those properties and change all EB, Tax, Corporation to my name and take care of those payments. He is giving this deed with full and complete satisfaction in terms of love and affection on me and he can not withdrawn this deed under any circumstances hence forth. He dont want to claim any benefit for furture dependents from this day".

Hope this will gives you a idea. Kindly advice.

Adv Akhtar Ali Sheikh (Property Law Consultant)     21 February 2017

Does the deed mention that he has handed over possession of the property to you too? In other words do you have the exclusive possession?

You say that he is enjoying the rent of the property that implies that he has not given you the absolute right over the property.

It seems to be a border line case  if he sues you for cancellation of deed His  only defence would be that He has not handed over the possession of the property to you and hence the gift is invalid and further that the rent is still enjoyed by him. In any case it will be a very lengthy litigation.

 


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