cancellation of settlement deed
BAKBABU
(Querist) 01 June 2014
This query is : Resolved
Executor executed a regd. settlement deed in favour of his great grandson. He is a minor 3 years aged. Guardian by his mother i.e. grand daughter. Now executor wants to cancell the said deed...what is the legal procedure.
prabhakar singh
(Expert) 01 June 2014
Now it can not be cancelled without a law suit on the ground that consent is vitiated by fraud but even such a suit has very least chance of success because beneficiary is minor and guardian is lady,then big dad can be supposed to have been run by fraud of any of them.
BAKBABU
(Querist) 01 June 2014
Thank u SRI PRABHAKAR Singh. One thing is missed in my enquiry. That is the grand daughter is ready to sign where and when he require and she did not object to cancellation... Can I file a civil suit for cancellation.
Guest
(Expert) 01 June 2014
Dear Author,You could very well directly Cancel the Settlement Deed Executed by your Self.No consent of any one Or civil Suit is Required.Directly Meet the concerned Registrar with the Original Settlement Deed If possible and get the Cancellation Deed drafted by Document Writer at Registrar Office.After Executing the Cancellation of Settlement deed apply For the EC the next Day.Absolutely No Issues in Cancelling the Settlement Deed.Total Expenses Including Drafting,Stamp Duty and Registration Fees would be Less than RS.3000/- only.(Refer Parents and Senior Citizen Act 2007)
BAKBABU
(Querist) 01 June 2014
Than k u Mr. Narasimha
Guest
(Expert) 01 June 2014
welcome please
Devajyoti Barman
(Expert) 01 June 2014
Deed of settlement once executed and registered can not be cancelled by the executor at his/her will unless the beneficiaries also gives consent.
In this property gets transferred which can not be reversed without the consent of beneficiary.
BAKBABU
(Querist) 01 June 2014
Thank u Mr D.Barman
Guest
(Expert) 01 June 2014
Dear Author,Practically we have done it.We had cancelled a Settlement Deed executed in 2003 in favor of his son( who is also an advocate with M.L.)on 5th may 2014.Contact your Registrar Office.We did not go for the consent of his son or any civil suit.
Kumar Doab
(Expert) 01 June 2014
The advise of Learned Mr. Prabhakar Singh be followed.
prabhakar singh
(Expert) 01 June 2014
Dear Author!
Practically you can also do it BUT THE QUESTION IS WOULD YOUR CANCELLATION BIND THE MINOR BENEFICIARY?
A deed of cancellation at registrar office in your case now would be effective only when minr has turned major and agrees to consent cancellation.
prabhakar singh
(Expert) 01 June 2014
I do not know many greats who fill nalas.
Raj Kumar Makkad
(Expert) 01 June 2014
As the settlement has already been registered and has been accepted by other side, it cannot be got cancelled without consent of both the parties to the settlement or by filing a suit containing the issue of fraud as already advised by Mr. Singh.
As the beneficiary is minor, the question of fraud cannot be pleaded so no suit lies.
Now come to cancellation with the consent of the guardian of the minor.
As the interest of minor cannot be compromised by guardian without the consent of Court as per section 8 of Hindu Minority & Guardianship Act, the consent shall not work.
So now the issue depends upon the guardian of the minor to convince the court by way of her petition to provide permission to consent in the cancellation of settlement deed.
Raj Kumar Makkad
(Expert) 01 June 2014
The rhyme of filling nalas is not understood.
Guest
(Expert) 01 June 2014
Revocation of settlement deed - Clarification awaited (Property Law)
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This query is : Resolved
Author : P.S.KESAVAN
Posted 3 years ago
Father has executed settlement deed for his own self occupied house in the year 2002 , mentioning that the property will be settled to 2 of his sons ( A & B ) equally after his life time .
Till life time the ownership is retained by father ,
Settlement deed is also registered with Sub – Registrar office .
Father being widower and his family comprises of 2 sons and 3 daughters ( all are alive and married with siblings ) .
In the year 2009 , father has cancelled the settlement deed with the same Sub registrar office .
Father has taken a NO Objection certificate from his son B duly signed and notarized for his records
Son A has not turn up and he is not aware of the cancellation of settlement deed .
Further A has not given any NOC letter so far to father in this regard
Query 1
Whether the cancellation of settlement deed is valid under court of law as settlement deed was executed with the knowledge of A & B and cancellation only with the knowledge of B only ??
Query 2
Father decided to sell the house referred above during his life time ?? Whether the prospective purchase can demand No Objection certificate as mandatory ( in legal terms ) while purchasing house similar to B given . If so give reference of quoting relevant law
Query 3
Whether A can file a suit under court of law for treating the cancellation of settlement deed as void as he is not a party for the same ?? if so what is the status of cancellation of settlement deed ?? Is it valid or not ??
Query 4
After father death , whether the property will be shared between A & B (OR) to all his 5 children ( treating as legal heirs ) in case the cancellation of settlement deed is valid
Awaiting yr reply
Regards
Kesavan
Expert : raj kumar makkad
Posted 3 years ago
1. There is no requirement of knowledge to either of sons while getting cancelled Settlement Deed by its execuor.
2. NOC from either of sons is not required in he given case as father himself is exclusive owner in possession of the entire property proposed to be sold.
3. Such suit is not maintainable and devoid of merits.
4. Yes but if proposed sale is made out than none has any relation with the discussed property.
Expert : M.Sheik Mohammed Ali
Posted 3 years ago
very good explanation Mr.Makkad, i agree
Expert : Sri Vijayan.A
Posted 3 years ago
A settlement deed can be revoked, if conditions are imposed on it.
The knowledge about the settlement or the revocation is not necessary as far as the beneficiary is concerned.
Other questions are well answered by Mr.Makkad
Guest
(Expert) 01 June 2014
There is no requirement of knowledge to benificieries/settlees (to either of sons as mentioned above)while getting Cancelled Settlement Deed by its Executor.Mentioned Above.Obviously the consent is not requred.
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
Settlement deed is in favor of minor and the guardian being the mother of minor, hence minor's interest and benefits cannot be transacted with without the permission of the competent court, I go with the opinion of expert Mr. Prabhakar Singh on the subject.
Guest
(Expert) 02 June 2014
Dear Author, Please meet your Concerned Registrar and also Refer him the Parents and Senior Citizen Act of 2007.Definitely he would do the needful.
Guest
(Expert) 02 June 2014
Dear Author When you meet the Registrar you tell him that you had executed a Settlement Deed in favor of your great grand daughter who is minor ON THE REQUEST OF YOUR GRAND DAUGHTER THAT IS MOTHER OF MINOR GREAT GRAND DAUGHTER and now you prefer to cancel the same.Do not volunteerily say that mother of great grand daughter is willing to give her consent or do not say you are prepared for civil suit etc.Request him to help you also mention SECTION 23 of Parent and Senior Citizen Act of 2007 if necessary and it would be done.Carry your identification proof original and settlement deed original.
Raj Kumar Makkad
(Expert) 02 June 2014
There is no change in the stand as it was 3 years ago or on today. Difference is only the minority of the beneficiary. The interest of minor cannot be compromised without obtaining the permission of the court by his guardian.
Guest
(Expert) 02 June 2014
First of all Thank you for the confirmation that Settlement Deed Could be cancelled by the Executor with out the consent or knowledge of the Beneficiary.Here objections are raised basing on the fact that Beneficiary is a Minor who is being represented by her mother that is grand daughter of the Executor.When an Settlement Deed is Executed in favor of minor obviously with out the consent of the Benificiary that is Great Grand daughter it could be simultaneuosly cancelled with out the consent also.Also Note Even While Executing the Settlement Deed The Consent of Benificiary is not required whether major or minor and they need not counter sign any Document while Executing the Settlement Deed by the settlor,Similiarly Even while Executing Cancellation of settlement Deed Their consent is not required irrespective of major or minor. More over Sec 23 of Parent and Senior Citizen Act 2007 says even if it is going to be Gift Deed which is almost equal to saledeed Executed with the consent of both the parties it could be cancelled by the Executor with out the consent of Beneficiary with valid Reasons/
BAKBABU
(Querist) 02 June 2014
Thank u all of you for your valuable support in this regard...and should follows your great suggestions...
