K Venkatesan (Advocate) 23 February 2024

Cancellation of settlement deed

client filed writ petition in the year 2014 against unilateral cancellation of settlement deed made by his father. high court pronounced orders to approach appropriate civil court in the year 2022. any limitation for that?

Reply Follow

Quick Summary

A client's father unilaterally cancelled a settlement deed, prompting a writ petition in 2014. The High Court directed the client to the civil court in 2022. The primary concern is whether the limitation period has expired. Generally, the limitation period is three years. However, filing a writ petition for a gift deed cancellation is an unusual procedure; a civil suit to declare the cancellation void would typically be the correct approach.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 24 February 2024

The limitation is generally three years.

However it is an incorrect procedure followed by him to approach high court with a writ petition before high court instead of approaching the trial court with a suit to declare the unilateral cancellation of the gift deed as null and void and pass orders to the concerned registrar to permiot him to execute the cncellation deed to cancel the unilateral cancellation deed.