Querist :
Anonymous
(Querist) 19 December 2010
This query is : Resolved
A old woman executes a settlement deed in favour of her son with regerd to 'A' property
Without cancelling the same, she executes a settlement deed in name of her two daughters being the second item in the Deed is the 'A' property.
Now she revokes the settlement deed executed in favour of daughters and again executes a settlement deed in favour of three sons.
What is the factum of the present case and which settlewment deed is valid?
Advocate. Arunagiri
(Expert) 19 December 2010
Whether the son mentioned first is included in the final settlement.
What happened to the first settlement?
Whether the settlement is revocable or irrevocable?
Y V Vishweshwar Rao
(Expert) 19 December 2010
Now Each Regd Deed/s cancellation is not proper and SRO can not cancel the Regd Deeds with out notice and with out joining the Transferee as party to cancellation Deed
SRO (Sub Registrar Office) has no power to cancel a registered instrument.
Raj Kumar Makkad
(Expert) 19 December 2010
Experts please go to the query again. querist wants to know which deed is accurate and this question has not been replied by any of you.
As per my opinion, as the first deed has not been duly canceled by its executor so it stands as on date and it is accurate and legal whereas all subsequent deds involving the same property inserted in first deed are illegal and void ab initio.
Arun Kumar Bhagat
(Expert) 19 December 2010
I agree with the views of Mr.Raj Kumar Makkad.
Querist :
Anonymous
(Querist) 19 December 2010
Arunagiri Sir and Makkad sir
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