(Querist) 07 July 2009
This query is : Resolved
Property situated at Chennai. Though it was a self earned property of my father, he bought it in the name of my elder brother. Later on my father wished the property to be settled among his four sons. Accordingly arrangemnet were made. After retaining his share my brother settled 2/4 share of the property in the name of my father, later my father settled 2/4 share equally to me and my brother. It was a registered irrevocable, absolute settlement deed and NO life interest was reserved for my father . I have effected the name transfer in the revenue records such as tneb, property tax to my name. Due to family problems, after a lapse of 2.5 years, my father registered a cancellation of settlement deed for a simple reason that "due to unavoidable reasons" he cancels the settlement deed executed in my favour. Now i am presently resident at singapore and he is possession of the proeryt. Now my question before you is? I udnerstand the settlement can only be revoked through court of law? since my father has not done that... what is the validity of the same. wat should i do now to stop any further alienation by my father. Kindly advice me, if there is any alternate remedy without approaching the Court by myself since i have spend a huge moeny as court fees?
(Expert) 07 July 2009
m unable to understand when the mutation has been done in ur name, that means u ve sufficiently paid the court fee as well, and now the property stands registered in ur name, then how can he revoke the settlement deed now?
mutation can only be setaside by the orders of the court.
(Querist) 07 July 2009
Dear sir, thanks for your reply.. mutation i meant is after that settlement in my favour i have effected the transfer of records such as property tax and tneb in my name
Yes you are absolutely right. In my view Settlement Deed Only can be revoked in the Court of Law. you should file injunction suit for title declaration and declare the cancellation of settlement is null and void under law, and restrain to alienation of that property to the others.
Settlement Deed cannot be revoked by Setter or executor. Section 126 of Transfrer of Property act specify that some circumstances i.e., fraud, misrepresentation, coersion then only it has to be revoked or cancelled otherwise not. It should be revoked throuh court of Law.
(Querist) 10 July 2009
Dear Mr. Sanjeev Desai, thanks for your advice. But i would like to know how can i prevent subsequenly alienation by the settlor without approaching myself to the court. If i approach the court, on what basis the court fees need to be paid.