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Sivan   18 February 2026

Can a registered settlement deed be cancelled unilaterally by father with senior citizen act

Background / Facts: I have two younger sisters. My father executed a registered settlement deed in my favour on 17 June 2017, covering two properties: Property 1: Agricultural land (registered in my father’s name in 2014). I paid the full purchase consideration for this land, but since I was overseas at that time and had limited knowledge of registration procedures, it was registered in my father’s name. Property 2: Property purchased by my father in 2003. He had taken multiple loans with third party as cash, which I repaid and closed. To compensate for the money I paid (purchase amount + loan closures) and to avoid further registration costs, my father insisted on executing a settlement deed in my favour instead of a sale deed. There are no specific conditions mentioned in the settlement deed (such as maintenance obligations). While I was overseas: My father withdrew significant amounts from my HDFC bank account via ATM. I have bank statements as evidence. He also lent money to third parties without my consent. After discovering this, I blocked my ATM card. I paid: Educational loans for both my sisters (engineering studies). Marriage expenses of my younger sister, including dowry and purchase of a two-wheeler. Dispute In 2023, my father approached the RDO (Revenue Divisional Officer) seeking cancellation of the settlement deed, claiming: I am not taking care of my parents. Only my younger sister is taking care of them. However: My parents previously stayed with me overseas (I have visa copies, photos, and travel history as proof). I also have CCTV evidence of their stay in India. My younger sister, with the help of third parties (coconut merchants), is collecting income from my agricultural land and depositing it into her own account. I personally verified this and took photos of the handwritten income records maintained by the merchants. The income generated from the property is significant and more than sufficient for my parents' expenses. Currently: The RDO has not cancelled the settlement deed. My parents have voluntarily moved out of my own house, possibly to strengthen their claim that I am not maintaining them. They continue to enjoy income from agricultural land ( coconut trees) and staying the in the house mentioned in the settlement deed. My wife’s jewellery (approximately 12 sovereigns) is still in their possession and has not been returned. At one point, I was threatened by two local rowdies at my house to sign documents agreeing to their terms, which I refused. My Questions Can a registered settlement deed be cancelled unilaterally by my father without my consent using senior citizen act? If there are no conditions mentioned in the settlement deed (such as maintenance), can it still be cancelled? Can the RDO cancel a registered settlement deed, or is cancellation possible only through a civil court? Since I paid for the agricultural land and repaid loans for the second property, does that strengthen my legal position? What legal steps can I take to: Stop my sister from collecting income from my property? Recover my wife’s jewellery? Prevent illegal cancellation of the settlement deed?


 5 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     19 February 2026

1.  Registered settlement deed can only be cancelled in limited circumstances under section 23(1) of senior citizen act if the transfer was made subject to the certain conditions.

2.    If the deed is unconditional RDO has no authority to cancel it.

3.  Your financial contribution for agriculture land and repaid father's loan, sister marriage strengthen your defence, because settlement deed appears as compensation and not a gratuitous gift.

4.   Registered settlement deed can not be unilaterally cancelled in any circumstances.

5.  Jewellery given to wife is her absolute property, if retained with out consent, it amounts to criminal breach of trust. Police report and recovery suit can be filed.    SK Agnihotri Advocate 9202369623

kavksatyanarayana (subregistrar/supdt.(retired))     19 February 2026

Cancellation of a Gift deed by an RDO is invalid.  Your father executed the gift deed; he can cancel it without sufficient reason. You can approach a civil court for the cancellation of the gift.  For jewellery, your wife can report to the police as it is her stridhan.  Your payments towards your sisters' studies and to your parents are only your moral duty.  

 

 

 

 

 

 

 

 

 

 

 

 

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Dr. J C Vashista (Advocate )     20 February 2026

Yes, the gift deed can be cancelled unilaterally.

Consult your lawyer. 

T. Kalaiselvan, Advocate (Advocate)     20 February 2026

The RDO cannot cancel the registered unconditional gift or settlement deed under senior citizens act 

They may have to approach civil court alone where you can challenge any such suit on merits as well as supporting substantial documentary evidences in your possession to prove your title.

P. Venu (Advocate)     20 February 2026

Does the settlement deed mention of the consideration that has been paid? Your wife can initiate independent action to recover her jewellary.


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