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Meenakshi (Journalist)     16 September 2009

Revoking settlement

My father made a settlement in the favour of muslef and my brother as heirs to his property.Can my father revoke the settlement without my knowledge.My family members are trying to drain out all my self earned income stating that I have a share in the family property.

         Even my parents are trying to forcifully grab my self procured lands stating that I being a daughter deserted by my husband owns a share of an my fathers property,and that being the case why should my self earned property not be pooled up as a family asset with all family members claiming equal share.

I am beginning to suspect that if there exists a provision for my father to revoke the settlement he will definately do it without my knowledge and plan to grab all my self earned assets and those provided from my matrimonial home and leave me bankrrupt with no food or shelter.

Please respond.I only want to know my exact state.

 



Learning

 3 Replies

R.R. KRISHNAA (Legal Manager)     17 September 2009

If the property is settled by your father by way of settlement deed. The deed has to be looked into whether it is revocable or irrevocable.  If it is revocable certainly your father by giving notice to you and to your brother can revoke the same easily.  But if it is irrevocable you have a good hold of the property.  If you anticipate that your self earned property is being pooled as family assets and others are claiming share on it, then I suggest you to issue a legal notice to your family members regarding the same. 

VASUDEVAN S (HEAD LEGAL (CMM-TN))     04 October 2009

Even irrevocable Settlement Deed can be  revoked, if the same has been done under coercision, compulsion, undue influence, or by way of threat, cheating   etc.   Eg.  If Father or Mother is an aged persons cannot do  anything independently  and if their heir gets any deed of settlement  and make it as irreocable, by compulsion or throgh any other means  against the will of the settlor, the same can be revoked by issuing notice and adopting other process for  revocation  or  by approaching competent civil court.

Vaasudevan S

Legal Professional

skkkkkkkkkk (Self)     02 July 2013

Can someone please help with this query? Grandfather made a settlement of his self earned house to a minor(2 year old grand daughter) in 2003. The minor is now 11 years old and the grandfather wants to cancel the settlement deed. The deed was made in 2003 only to stop loans from being raised. Grand mother is the guardian of the minor as per the settlement. Both grand father and grand mother are co-operative and willing to do whatever is needed to cancel it. Can you please let me know if this cancellation of settlement deed is possible? This deed does not seem to have any conditions in it so we can say that this is an irrevocable deed. However this deed was made made on some undue influence(by me actually and I am the daughter of this grand father because I am the one that was paying the loans raised on this house and I was tired of working very hard to pay off the loans over and over. To stop anyone from raising loans I influenced my father to do this deed.)


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