Sarala K 30 May 2018

cancellation of settlement deed

my father registered settlement deed in 1985 writing the house constructed by his own money in the name of my elder sister before her wedding. he wrote that the property will be given to my sidter after his death. now he wants to cancel the deed. is it possible? if so what is the procedure. and what are the positive chances??

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4 Replies

Adv Tulsi Karthik 30 May 2018

Hello madam if ur father alive he can cancell the deed but better once we should see the document since your telling it is settlement deed..thank you

kavksatyanarayana (subregistrar/supdt.(retired)) 30 May 2018

Your father registered the Gift deed with a condition that he will have enjoyment right only and after his death the possesion of the property automatically transfered to her. And the Gift deed was registered in the year 1985. Now in many states there are executive instructions under RR 26 (k) of Registration Act, the both parties (Donor and Donee i.e your father and sister) shall execute the Revocation (cancellation) deed of Gift. And If the said Gift deed is now cancelled after a gap of 33 years, the donee for cancellation of Gift may sue in the court of law.

Kumar Doab (FIN) 30 May 2018

Same Query;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=181274&offset=1

SHIRISH PAWAR, 7738990900 (Advocate) 31 May 2018

In my view settlement deed cancellation after 33 year is little difficult. However it all depends on the terms and conditions of deed. Consult with local advocate.