Suresh (Private) 26 October 2015

Procedure to cancel settlement with life interest

Respected Sir's, we are two brothers. My mother(who is the owner of a property) has done a settlement of property with lifeinterest in favour of me and registered it. If this settlement needs to be cancelled, what is the procedure ? Do we both (myself and mother need to sign the cancellation document) I am in abroad and my mother is in India. Thank you.

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Kumar Doab (FIN) 26 October 2015

You may show the deed to an able lawyer specializing in such/property/civil matters.

Generically speaking to cancell both are required to sign.

T. Kalaiselvan, Advocate (Advocate) 31 October 2015

A registered irrevocable settlement deed cannot be cancelled unilaterally by the donor. If the deed is proposed to be cancelled then both the donor and donee have to execute a registered cancellation deed jointly cancelling the settlement deed for whatever reasons quoted therein.

If you are out of country, you may execute a power of attorney deed in favor of any of your relative authorising him/her to execute the cancellation deed jointly along with your mother on your behalf. This power of attorney deed should be notarised by a notary public or Indian high commissioner/Ambassador in that country, send it in a sealed cover to be opened by the registrar in the presence of the agent and who will get it registered by paying the registration charge and stamp duty accordingly.