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SRINIVASAN GEOLOGIST   27 May 2022

Requesting clarification on settlement deed

SIR/MADAM

My father executed a settlement deed infavour of my brother and then expired. In this settlement deed it is mentioned that the land and the house built on it will go to my brother after death of my father. Probably there is no condition in this settlement deed.

This settlement deed was executed without the knowldege and consent of my mother who is now more than 90 years. She was living with my father till his death in that house.  I was also unaware of the existence of settlement deed as I was serving far away.

My mother is living in the ground floor and my brother with his family is living in the first (top) floor. I am living with my family in a different place.

Now my mother is very much worried whether she can be thrown away by my brother as the house legally now belongs to him after my father's death. 

As myself and my wife are well settled, never showed any interest in the property of our parents. We live peacefully with our self-earned property. Our children are also well settled.  But now my worry is if my brother throws away my mother from my parents house (now belongs to my brother as per settlement deed), whether my mother can move the court to cancel the settlement deed. 

Earlier he could have told my father that he would take care of him and my mother and got the deed in his favour. My father without any understanding of issues, could have fallen prey to the false assurances. Instead of will, my father executed settlement deed without the knowledge of my mother and his elder son (myself).

I don't want anything. At the same time I can not take over the responsibility of taking care of very old mother as myself and my wife are senior citizens with our children  living abroad and far away.

Please kindly advise whether it is possible to cancel this type of settlement deed by my mother, IF she is thrown away from her house. 

 



Learning

 1 Replies

Kishor Mehta (CEO)     28 May 2022

If the property was his self earned and if the settlement deed is duly stamped and registered, then it can not be cancelled. Your mother may try to challenge it. 


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