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RAVI DESIGAN   10 January 2022

Property transfer

A non-absolute registered settlement deed executed by mother with a clause that the property can be transferred to me and my sister after her lifetime and she will not alter or cancel the deed.

Now my mother decides to construct flats thro' a builder and give two flats to myself and my sister each. Myself and my sister accept for this proposal.

Now How can she do that?

Is the deed to be cancelled? how?

Who are all to sign the Power of Attorney?

After completion of flats how to register the flats in myname and sister's name.

Please clarify.

 



 2 Replies

Anjoo Maurya   10 January 2022

yes she can rectify her previous deed by making the deed of rectification and registering the same.

Aarushi   11 January 2022

Dear user,

According to section 31 and 32, any deed which has been registered under the Registration Act, 1908 and which is void or voidable, can be declared cancelled by filing a suit in the court. This cancellation, however, should be in alliance with all the concerned parties and if a part of a deed is acting as evidence for other, it can be partially cancelled. Apart from this, when any party related to the deed feels that any continuation further will cause injury to her/him shall also get the deed declared void.

I hope I was able to solve your query. Please feel free to leave follow up questions, if any.


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