Sekhar (Retired) 27 May 2012

Settlement deed and cancellation under the claim of forgery

SETTLEMENT DEED AND CANCELLATION UNDER THE CLAIM OF FORGERY

An unconditional and absolute Settlement Deed exeucted for a property with a clause of solemn declaration by the Settlor in favour of his grandsons that he would never revoke the settlement deed exeucted and registered is sought to be cancelled by the Settlor after a time gap of four years on the grounds that the Settlement Deed was forged by obtaining signature of the Settlor in the Deed by the guardian of the Settlee. The cancelled deed without a decree for cancellation is also registered. Making false allegations and statements, the Settlor has filed a complaint with the District Revenue Divisional Officer against the guardian of the Settlee seeking an order for maintenance under Maintenance and Welfare of Parents and Senior Citizens Act 2007 of Tamilnadu since the guardian of the Settlee is the 2nd son of the Settlor and cancellation of the settlement deed. The guardian of the Settlee has filed writ petition before the Madras High Court seeking direction to restrain the DRDO from proceeding further. Subsequent to the farce proceedings without producing any documents of the proceedings including complaint copy and conclusion of the proceedings with verdict in favour of the complainant was also challenged by the guardian of the Settlee by writ petiton before the Madras High Court praying for quashing the impugned order. Both the writ petitions are pending in the Madras High Court. I now seek advice and suggestion from eminet lawyers on the following questions:

1. When there is no condition attached to a settlement deed by a Settlor and when there is a clear clause by the Settlor that the Settlor will not revoke the deed under any circumstances, can the Settlor prefer to cancel the Settlement Deed on his own without filing a suit in a court of law and obtaining court decree for cancellation?

2. Without obtaining a court decree, can the Settlor register the cancellation deed? Does the law permit such cancellation and registration?

3. With a farce proceeding launched and concluded by the DRDO in favour of the Settlor, will the Settlor raise the issue of forgery in the writ proceedings in the court without any evidence for the claim of forgery?

4. Is it not mandatory that the Settlor has to prove the claim of forgery alleged against the guardian of the Settlee with evidence under the Evidence Act?

5. Would you opine how the provisions of evidence act could be used to prove that the settlement deed was not forged? Is there any relevant and pertinent provisions of the Act to be quoted for the same?

6. Would the High Court rely on the farce negative proceedings and verdict of the DRDO?

7. Is there a time limit allowed by the High Court for filing of counter reply by the Settlor to the writ petition? If so, what is the time limit allowed?

8. After execution and registration of a settlement deed, what is the time limit allowed to raise an objection to it claiming it as a forged document before either a court or any district administration head?

SEKHAR

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 27 May 2012

Dear Mr.Shekhar, 1. No settlement deed once executed cannot be cancelled unilaterally, if it is sought to be cancelled unilaterally the same can only be done by instituting a suit for cancellation u/s 31 of the Specific Relief Act, 1963 and not via a deed. 2. Registration is nothing but evidence of the fact that such document was executed - whether the person executing had competency to execute is a completely different matter and is decided by the courts. Registration is no guarantee of efficacy or validity of what is registered. 3. Settlor would have to get a declaration/cancellation of such document and would have to prove that such document was forged - this would be done before an ordinary civil court and not in writ proceedings institued by settlee. 4. Mandatory to prove, Burden of Proof is on him to prove. 5.It's his burden let him prove, he would in all probablity seek expert opinion u/s 45 IEA and lead expert evidence as to forgery of signature, the court can also make him write and compare the two signatures himself u/s 73 IEA. S.47 may also be pushed into action which would allow him to lead evidence of persons acquainted with his handwriting/sign to prove that signature on such settlement deed are forged. 6. This matter would be adjudicated in a civil court. 7. You should infact file a suit for declaration that the settlement deed stands genuine and effective. 8. There is a 3 years period of limitation for him to challenge if he fails to his claim is lost. Hope this has been of some help to you ! Feel free to email !

sasi (document writer) 28 May 2012

Without obtaining a court decree, can the Settlor register the cancellation deed? Does the law permit such cancellation and registration?

A. The executant can always cancell a deed which registered by him if it is a SALE DEED. Cancellation Deed seeks only Registration Law. Have Stamp Duty and Regn. fee ready cancellation deed is ready. Court never cancell a deed.It disfirm the conditions,status etc.. therein.

With a farce proceeding launched and concluded by the DRDO in favour of the Settlor, will the Settlor raise the issue of forgery in the writ proceedings in the court without any evidence for the claim of forgery?

It may points out the necessity of a criminal investigation.