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sathyanrayana J (sse)     11 December 2015

Settlement deed

Sir,

My mother did a settlement deed to my sister 1 year back. My mother is 80 years old.she told to my mother, she will take care of her and did the settlement. After few months she stopped doing service to my mother and send her out. Currently I am taking care of my mother. Here my questions is

Can my mohter alone cancell settlement deed made to my sister as per 2007 senior citizen's act?

Kindly suggest me.

 



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 7 Replies

Adv. Yogen Kakade (+ 91 9225510883)     11 December 2015

Hi,

You mother can certainly cancell the deed.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants

020-65248888
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

 

sathyanrayana J (sse)     11 December 2015

thanks you very much for your reply.

Is there any time limit for cancellation ? and more clarity required on above question.

My sister promised orally to my mother that she will take care of her. This is not mentioned in the document. still can we go with 2007 senior citizen's act? Because she doesn't have source of income to survive.

Anil Upadhyay (Lawyer)     11 December 2015

Yes, your mother can proceed under the aforesaid act and even she can revoke the settlement deed, whenever she want. 

sathyanrayana J (sse)     11 December 2015

My sister promised orally to my mother that she will take care of her. But it is not mentioned in the document.

Can she still cancel settlement?

Anil Upadhyay (Lawyer)     11 December 2015

Oral promise will not affect the cancellation of settlement deed, because settlement is made with respect to some condition or compromise between parties. 

.

But, if your mother has transferred any property through gift deed, then it cannot be cancelled.

sathyanrayana J (sse)     11 December 2015

thank you so much Anil Sir.

My sister has the intension of cheating my mom after settlement. So they did not mentioned any conditions in document. my sister promised orally only. She did settlement only. not a Gift.

I have seen below information in below mentioned link. My understanding is she can cancell if she doesn't has any source for maintaince.

Please clarify.

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Before the enactment of this law, a senior citizen's only remedy in such a case was to approach the court for maintenance from the children to whom he had given the property by way of gift or otherwise and such property would be the exclusive property of the transferee and the senior citizen had no right in such property. But after the enactment of this Act, a senior citizen can reclaim his property from the transferee."

https://en.wikipedia.org/wiki/Maintenance_and_Welfare_of_Parents_and_Senior_Citizens_Act,_2007

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Anil Upadhyay (Lawyer)     14 December 2015

The Act referred by you is related for the maintenance from childern/ relatives/ legal heirs to senior citizens who are not able to fullfill their basic needs.

Further, gift deed once done can hardly be set aside, However, in the event of passing of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, the person who has gifted the property to her/his tormenting daughter/son/legal heir and can apply for his eviction from the property. The tormenting child can be directed to provide maintenance to mother as well.

 


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