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Can brother cancel/alter the settlement deed
08-Jan-2023 (In Civil Law)
I made a registered settlement deed of an immovable property in 1994 at Sonarpur ,Soth 24 Parganas,West Bengal with my brother,Can he re-registered the same immovable property after 1994 with the change of term and condition in his favor from Register of assurances where there is a chance to do so without my knowledge as well as cancelling the previous registered settlement deed? I am partly handicraft can't move freely that is why am very much tensed? plz advice.
You may protect such terms by filing a title suit over the property and seeking an injunction over the same. That way it would be difficult for someone to alter the current status of the property till final disposal of the same.
It is extremely important to note that when it comes to deeds it is very difficult to advise without going through the contents of such deed. As every clause is important and has a bearing on the rest of the deed.
It is extremely important to note that when it comes to deeds it is very difficult to advise without going through the contents of such deed. As every clause is important and has a bearing on the rest of the deed.
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Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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MY OPINION THAT when this said settlement deed registered legally between you and your fellow brother on 1994, so according to legal point of view, this deed can not be changed / rectified/ cancelled without your legal consent , if any illegal action has taken,you can legally oppose or taken legal steps, contact with me.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Let me know that whether the said property of Sonarpur is joint property of you and your brother? If yes, then it is not possible for him to transfer the property in his favour. Let me know about thing, whether the settlement deed is registered or not? Though if it is not registered then also it is not a problem. But it is very essential to know.
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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Sir,
Registered Deed of Settlement can only be modified by the settlor.. Subject to have provisions in d Deed for future modification or cancellation clause.. From the queries it is not clear 1) who is the settlor 2) whether there is any such clause of future modification or cancellation power of settlor. For proper conclusion subject Deed is required to b verified.
Registered Deed of Settlement can only be modified by the settlor.. Subject to have provisions in d Deed for future modification or cancellation clause.. From the queries it is not clear 1) who is the settlor 2) whether there is any such clause of future modification or cancellation power of settlor. For proper conclusion subject Deed is required to b verified.
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Sir, When a Settlement Deed has been Registered in between the parties. It never re-registered without sign of the all parties. Therefore, If you feel that your brother may cancel the previous Registered Settlement deed. then you should at first file an Injunction over the entire Suit Plot and save your Property.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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