cancellation of settlement deed.
K.E.Thiyagarajan
(Querist) 03 May 2011
This query is : Resolved
Purchased a residental plot at chennai during 1975 out of my self earned money and the same was transferred to my only son through a settlement deed during 2002 indicating that the settlement canot be cancelled or alterted subsequently on the belief that he will take care of me and his mother properly.After marriege his attitude is changed and completely neglecting us.When I want sell the property to have 25% share for self and daughter he is trying to avoid. Now I am retired and no income and has to depend my son only.I want to know whether settlement deed can be cancelled or any other remedy to restore the property. Ofcourse out of 60 lakhs worth property I need only 20lakshs for self, daughter and grand children.
Chanchal Nag Chowdhury
(Expert) 03 May 2011
Depends on the Terms of settlement & subject to any improvements your son may have made to the property in the meantime.
Sri Vijayan.A
(Expert) 04 May 2011
Have you imposed condition that your son has to look after you; if so, it can be revoked.
Otherwise, it is tough.
But we can try
K.E.Thiyagarajan
(Querist) 06 May 2011
The property was settled being a only son due to affection and good faith.However it was indicated in the deed that that I have authority either to cancel or modify the deed in future date. Now I am absolutely no income My wife also now disappointed for have given the property to myson. I am having one daughter. What is the legal remedy in restoring the property. Whether my wife is have any claim over the property. Since I have not received any financial value for the property I feel the settlement deed is like a will. The local document writter is informed that the settlement deed can be cancelled.I may be advised properly.
