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Arun Kasturi (AS)     28 August 2023

Seeking null and void declaration without consequential relief.

My brother made my father execute a settlement deed in favour of him transferring all his assets to my brother. On the day of registration, my father was admitted to ICU, I have the medical records for the same and also my father signature in settlement deed have zero resemblance to his previous signatures. So I have decided to seek a declaration under specific relief act for null and void-ab-initio. 

The suit property was bought by my father and his brothers, they have an agreement of boundaries and everything, but the property is unpartitioned. My father has 3 legal heirs myself, my brother and my mother. And I just want declaration simpliciter without any consequential relief of partition etc. Is it possible for suit of declaration without consequential relief. I'm not in possession of property currently my brother is in possession, and even if it's declared null and void I won't have exclusive possession since there are 2 other legal heirs. And I don't want to ask for partition etc. Will my suit be maintainable without asking for consequential relief ?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 August 2023

You have not styated if yor father is alive or not living.

If he is living then you cnnot file the suit for cancellation of the registered  settlement deed, only your father can file it for the reason he may rely upon, provided it is within the limitation.

If your father is not living then you can file a suit for partition and claim your share in the property as one of the legal heirs, ignoring the fact of an existing registered settlement deed..

If necessary you can file an application in the same suit seeking to declare the settlement deed as illegal and invalid for the reasons you rely upon. 

Dr. J C Vashista (Advocate )     29 August 2023

Facts posted are not very clear for forming proper opinion and oblige.

Redraft or consult a local prudent lawyer with relevant records.

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