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CHANDRASHEKAR (     12 March 2011

dhana settlement of property

can a regitered dhana settlement of property revokable?


 1 Replies

Nirali Nayak   30 June 2021

Hello sir, greetings of the day.
As per your query, Dhana Pathiram is the gift deed which is a form of Transfer of Property which is legally valid. Ownership of the property is transferred from the Donor to Donee when once the deed of gift is executed and registered in the Sub-Registrar's Office by the Donor and the Donee accepts the gift during his lifetime. After the execution of the gift deed, the Donee must pay all the statutory taxes to the competent Authorities being the owner of the property. 
Dhana Settlement is normally absolute in nature and irrevocable as well. Unless if any clause specifically contain revocable points then it can become revocable. You can challenge the settlement deed if you find any imperfection in the same or if it was obtained under undue influence or by blackmail. In such cases you can a suit for declaration that the settlement is null and void. 
You can refer to the following cases to understand when the settlement deed can be cancelled.
K.Valliammal vs K.Krishnamurthy on 2 June, 2014
Lakshmi Ammal(Died) vs Mari Ammal on 5 March, 2020
S.Palani vs S.Bharathi Dasan (Deceased) on 12 January, 2016
P.M.Nawabjan vs Dr.N.Nazeer Ahmed on 28 June, 2011
Gopalakrishnan vs Rajamma on 14 July, 2006 
Hope this helps.
Nirali Nayak
Law Student

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