Settlement deed cancellation

Querist : Anonymous (Querist) 20 May 2024 This query is : Resolved
Hi Experts,
My father gave a settlement deed to myself (minor) and my mother. My father passed away few years back and's we need to cancel the settlement deed now due to personal reasons. I have two sisters. Can myself and my mother alone can cancel the settlement deed or everyone in my family need to sign in the cancellation of settlement deed

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T. Kalaiselvan, Advocate (Expert) 20 May 2024
The cancellation of settlement deed can be made by executing a cancellation deed jointly executed by the settler and settle, within three years of its original date of execution and not beyond that period.
Now as per the settlement deed you and your mother are the joint owners of the property settled in favor of both of you.
If you and your mother are desirous of giving any share in the property to your siblings, you both transfer the predetermined share in the property duly demarcated on mutually agreed terms, by executing another settlement deed in their favor.

kavksatyanarayana (Expert) 20 May 2024
Your father gave you and your mother property by way of a Settlement deed but now he is no more, the settlement deed cannot be registered as the Donor is no more. You and your mother are the owners of the property, you may gift some property as you mutually agreed to your sisters.

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