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CONVEYANCING

(Querist) 30 August 2008 This query is : Resolved 
Dear sir,

A property was purchased by a "A" who is a grandfather in this case. He transfers the prop by way of a settlement deed to his two his sons as schedule-A and schedule-B.Subsequently one year later the grandfather cancelled the settlement deeds and the same has been registered in the Sub registrar office and this reflects in the Encumbrance certificate also. Later the son owned the property schedule-A sold to a third party by getting an affidavit from his father stating that the cancellation is not valid and the grandfather also signed in the sale deed as confirming party and the same is sold to a builder. Now the another son who is in posession of Schedule-B property was expired. The wife of the deceased ie., daughter-in-law has transferred the property by way of a settlement deed to her only daguther. My question is what is the position of the grandfather. Is there any legality in cancellation of the settlement deed. All the original documents are with the daughter-in-law itself except the cancellation deed. Did the daughter of the deceased has rights over the property. Posession also with the Daughter. Now the grandfather is thretening and demanding some money and he restrains them from selling the property to third party. How to solve this problem.
Jithendra.H.J (Expert) 01 September 2008
just file an injunction suit seeking not to disposses her with out due process of law.
then the grand father will be forced to file another suit against the daughter
(daughter-in-law) in the later suit take suitable defence!


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