Property settlement deed - reg.

ramesh (Querist) 31 October 2009 This query is : Resolved
Dear Sir,

Well and hope to hear the same from you.
I have queries with regard to property settlement.
I am the only son and have 2 sisters.
My father have made settlement in favour of me and registered
properly. [His self acquired property]
In the deed it was mentioned clearly that both my sisters have no
no rights as my father have rendered adequate monetary and other
benefits to both of them.
He also mentioned to change all the records of Corporation,
Metro water, Electricity and Patta transfer in to my name.
The deed was executed on March 2009, but so far I have not
changed into my name.

But recently I came to know that one of my brother-in-law
have planned to challenge the settlement on the grounds
that my father was compelled or coerced into giving such
settlement, or that he did not have the mental or the contractual
capacity to give such settlement.

I want to know how I can defend this in case if he approach
in that way.

Though my father is very much in support to me, should also
consider the fact that he is already 81 years old and
deteriorating bed ridden patient.

[a] how can I take up extra measures to defend,

[b] whether a settlement can be revoked &

[c] as a matter of protection can I make a settlement in favour
of my wife.

I am in possession of the property & my father is with me.

Awaiting your reply eagerly.

Thanking you with regards.

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Raj Kumar Makkad (Expert) 31 October 2009
You have nothing to worry. Since your father is still in your favour so nothing can be done against you. legally your father has already released the self acquired property in question in your favour by way of a registered settlement deed so better get the registration changed in your name in all govt. records and thereafter you are free to either further release in favour of your wife or do what ever you want.

A V Vishal (Expert) 31 October 2009
If the settlement is unconditional and registered then even the settlor cannot revoke it, so you need not panic but try to get all the utilities like municipal tax, water bill, electricity connection etc... transferred in your name.

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 31 October 2009
It is very clear that your father has registered the sale deed at the time of bed ridden period and both of your sister was not helping you to provide the medical treatment of your father then in what condition your father has mentioned that there is no right of your sister,in this condition you should have filed a decree of property suit and father witness must be submitted before the court for passing the order in your favouer otherwise after death of your father partition suit may be filed and you may be fall in litigation.