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K.E.Thiyagarajan (Manager(Retd))     19 July 2010

revocation of settlement deed

The plot purchased during 1975 out of my own income . Settlement deed was registered in favour of my son during 2002 dur to affection that he will take care of me and my wife till end of our life. It was indicated in the document that  I have no right to cancell or modify the document subsequently. Since I have no income my son is neglecting me and likely to be shunted out. Under this circumstances Kindly advise whether I can cancell the settlement deed and sell the property. I want to settle the 50% of proceeds to my daughter and the balance to my son.If not any other way to restore the property in order to do justice to my daughter also considering the welfare of my grand children.



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     19 July 2010

The parents receive such treatment post signing a settlement. However, the very consideration of the settlement - the ONE and ONLY condition being that the son should take care of the parents, it can be revoked by the settlor once such condition fails. The son having failed (!) needs to be proved, the settlement deed can be revoked on this ground alone.

Settlement in favour of other heirs is a independent choice and dont bring this proposal at the stage of settlement.

 

vasudevan

SHIRISH PAWAR, 7738990900 (Advocate)     19 July 2010

sir,

apart from canceling the settlement deed you also have right to filed maintenance applciation under IPC.

 

SHIRISH PAWAR


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