Venkat Rajan (Software Engineer) 07 August 2013

Amendment of settlement deed

I have a residential house in Virugambakkam, Chennai, India, which was gifted to me by my late mother. I then made a Settlement Deed, adding my wife and two major sons to the property. I want to convert the property into apartments. Since my two sons are abroad, can I make an amended Settlement Deed to include only me and my wife as property owners. To make this amended Settlement Deed, do I need the signatures of my two sons? Also, the name and contact information of a Lawyer in Chennai who can help file this amended Settlement Deed would be helpful.

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A.SUMATHY 9380902017 (LAWYER) 08 August 2013

Once settlment deed executed, amendment settlement is not valid.

If you want, your sons shares. Yours sons can execute the another settlement deed in favour of you or your wife.

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

Adv Sumathy is right in opining that the settlement deed once executed and acted upon cannot be revoked for any reason unless the condition implied therein have not been complied with and should that non-compliance be a ground for revocation of the said deed. Further, if you want the property back on your name, the share holders have to sell their respective shares in the said property to you by executing a registered sale deed in your favor, re-settlement deed is not a legal term hence your sons cannot re-settle the property in your name.