cancellation of settlement deed through court
mahesan
(Querist) 02 December 2014
This query is : Resolved
Father executed settlement in favour of his minor sons in the year of 1989. But father is possession of the property till the date. Wife filed divorce petition in and same was allowed set exparte. Minor sons are now majors and they residing with mother. Now father is want to cancellation of settlement deed in favour his sons. It is possible or not. What relief in favour of the father.
Guest
(Expert) 02 December 2014
If father is in Possession of Original Documents including Settlement Deed Executed by him He Could Cancel the Same Directly at Registrar Office.Consult the Senior Document Writers at Registrar Office.
ajay sethi
(Expert) 02 December 2014
father cannot cancel gift deed executed by him unilaterally . once gift/settlement deed is executed sons would be the owners of property . father has no right , title , interest in the property
Anirudh
(Expert) 02 December 2014
I completely agree with the views of Mr. Ajay Sethi. (I hope the settlement Deed executed by the father was duly Registered before the Sub-Registrar's office). Registration of the Document is a must. Without registration, the Settlement Deed has no legal standing.
Shailesh Kr. Shah
(Expert) 02 December 2014
it is to be noted that in case of gift, donee acceptance is essential condition of valid gift.
in this case, donor's sons were minor at the time of gift deed.
if on behalf of minor, her mother is not accept the gift and on attaining the age of major, sons are also not accept the gift, gift can be revoke.
Shailesh Kr. Shah
(Expert) 02 December 2014
it is to be noted that in case of gift, donee acceptance is essential condition of valid gift.
in this case, donor's sons were minor at the time of gift deed.
if on behalf of minor, her mother is not accept the gift and on attaining the age of major, sons are also not accept the gift, gift can be revoke.
Guest
(Expert) 02 December 2014
A Settlement Deed Could be Cancelled with out the Consent of Beneficiary.Please Contact A Good Experienced Advocate Locally.The same could be confirmed with concerned Registrar Or Senior Document Writers.Do Not Be MisGuided by InExperienced Ones.
R.K Nanda
(Expert) 02 December 2014
no more to add.
Rajendra K Goyal
(Expert) 02 December 2014
Son was minor at the time of settlement / gift which was registered. Father as natural guardian was supposed to give consent for gift which was implied being the donor. If father is not accepting the gift deed case should be filed.
Anirudh
(Expert) 02 December 2014
The following are some of the decisions (there are many such decisions) by various High Courts according to which, a settlement deed, without any reservation, once executed cannot be cancelled UNILATERALLY.
Madras High Court
K.A.Shanmugam vs Tamilarasi on 23 September, 2011
In the High Court of Judicature at Madras
Dated: 23.09.2011
Coram:
The Honourable Mr. Justice R.SUBBIAH
Second Appeal Nos.1656 and 1657 of 2008
and M.P.No.1 of 2009
19. In 1999 (III) CTC 217 (supra), this Court has held as follows:
"9. ……… In this context I perused Ex.A.1., settlement deed. It is a very simple settlement deed executed out of sheer love and affection which the second defendant had towards her daughter/plaintiff. No reservation had been made in this settlement deed for revocation of the same on the happening of any specific event, which was not within the control of the second defendant. Therefore this ground to have the settlement deed revoked, is not available at all. Section 126 of the Transfer of Property Act also provides for revocation of the settlement deed "on any ground on which the contract can be rescinded except the ground of want of or failure of consideration." None of the grounds available under the Contract Act namely, undue influence, coercion, misrepresentation or fraud, are neither pleaded nor established.
**********
Madras High Court
S.Ganesan vs Bharathirajan on 26 June, 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26/06/2009
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
A.S.No.179 of 1998
and
C.M.P. No.6674 of 1998
S.Ganesan ... Appellant
vs.
Bharathirajan ... Respondent
7. I have heard the learned counsels for the appellant as well as the respondent. It is seen from the records that the settlement deed has been executed by mere appeal in favour of the vendors of the defendant under Ex.B3. The settlement deed being a registered settlement deed and irrevocable there is no power vested with the said Balu to revoke the same under Ex.A57. Therefore the Court below has rightly held that the unilateral cancellation of the settlement deed by the said Balu is void since he did not have the title to the suit property.
**********
Karnataka High Court
V Ethiraj vs Smt S Sridevi Since Deceased By Her ... on 7 June, 2013
REGULAR FIRST APPEAL No.1217 OF 2011
BETWEEN:
V. Ethiraj, vs. S.Sridevi and others
8. The 1st defendant submitted that the plaintiff claims the right under the Settlement Deed dated 8 RFA 1217/11 25.03.1959, which was subsequently cancelled by registration of Cancellation Deed, dated 19.05.1978 by Smt. Lokamma @ Sharadamma. Therefore, there is no justification for the plaintiff to claim any right under the said Settlement Deed dated 25.03.1995 as it is stood cancelled as aforesaid on 19.05.1978. Smt. Lokamma @ Sharadamma has left a registered Will dated 11.09.1981. Smt. Lokamma @ Sharadamma expired on 26.12.1981. The registered Will executed by Smt. Lokamma @ Sharadamma is accepted and acted upon by the plaintiff.
….
17. In the light of the aforesaid facts and rival contentions of the parties the points that arise for our consideration are:
1) Whether the findings of the trial Court that the cancellation deed executed by Smt. Lokamma cancelling the earlier settlement ded dated 25.03.1959 is void, requires interference?
…
Once, the settlement deed was executed in favour of her daughter, Lokamma lost her right, title and interest in the schedule property. On the day she executed cancellation deed, she had no right in the property. The registered settlement deed cannot be cancelled by executing a cancellation deed. If at all the said document is to be canceled, it had to be done under the provisions of Specific Relief Act, by approaching a competent civil Court for cancellation of such document. The fact of fraud, undue influence, mistake or any other ground which is alleged for cancellation of the said documents being proved, the Court may order for cancellation. That is the only mode known to law to cancel the registered settlement deed. Otherwise the parties by consent has to annul the settlement by executing the document of reconveyance, the settlee can give up her right in favour of the settlor.”
Guest
(Expert) 02 December 2014
Any Orders are Just Old Stories Just Meet the Concerned Registrar.
Anirudh
(Expert) 03 December 2014
If they are Just old stories, what is the NEW STORY?
Why the new story, if any, is not being indicated here?
Is there any Amendment in the law subsequent to the above Rulings?
Is there any subsequent Ruling contrary to the one cited by me?
If there is no amendment in the provisions, and no further contrary ruling, how can the rulings can be said to be Old Stories? Can one stand before the Court and say that these are old stories?
Registrar is not above the Rulings of the High Courts.
Anybody can get things done, but the question is whether such unilateral cancellation will stand the test of judicial scrutiny?
THE ANSWER IS AN EMPHATIC "NO".
If that be the case, what is the use of approaching the Sub-registrar and getting things done which is not permitted by Law? What use and purpose it will serve, if at the end of the day, the said action will be nullified by a Court Ruling?
Guest
(Expert) 04 December 2014
Ignorance of Law Not an Excuse.
