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RANDS (NA)     09 September 2013

Settlement deed

Dear Sirs,

My grand father in the year 2003 by way of settlement deed, settled 2 properties in favour of his 3 daughters, ie all 3 daughters gets equal share in both properties and grand father died the very same year..

In 2010, my mother settled her share in the joint property, in my name and my brother's name, but retaining her life interest, ie her share will come to us only after her demise, though she has no right to bequeath or charge or alienate the property. 

Both me and my brother is now married and settled abroad...

My mother lives in a the family home, along with her elder sister. The second sister is living abroad. 

The problem now is my mother is now brain washed by her elder sister's family and they have created a huge rift between us and my mother... my mother is now wants to cancel the settlement deed she executed in favour of my and my brother now  and give it to her elder sisters daughters....

Furthermore, my mother's elder sister has occupied both the properties and now denying any partition requests by the other sister who lives aboard. 

The plan of my mother's elder sister is to deny the rights of her younger sister and also our rights in the property. 

my question is :

1. Whether my mother can revoke the settlement deed ?

2. Whether my mother's elder sister can deny the request for the other sister, who lives aboard, to partion the property, so that everyone gets their share....

she knows very well, since she has occupied the property now, and my mother is not going to live for long due to poor health, and both me and my brother and aunty lives in US, she can take the whole property for herself alone....

What are my options ? Ideally we want to protect the interest of me and my brother, along with my aunty in US , who is also not in a great financial position. 

 

 

 

 

 

 

 

 

 

 

 



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