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Can settlement deed be revoked by donor
14-Nov-2023 (In Documentation Law)
Sir settlement deed can be revoked by the donor itself if it is not registered ? But settlement deed have signatures of 6 witness including ACP , two lawyers and other family members without registration
1) once settlement deed is executed it cannot be revoked by the donor without court orders
Under section 17 of the Registration Act, a document creating or extinguishing a right, title or interest in immovable property requires compulsory registration and in absence thereof cannot be relied upon to assert a right, title or interest in a property. But this is part of substantive law. Rules of evidence recognise estopple. The two laws operate in their respective fields.
Assuming, however, that said document was compulsorily registrable the Courts have generally held that a family arrangement being binding on the parties to it would operate as an estoppels by preventing the parties after having taken advantage under the arrangement to resale from the same or try to revoke it.
Under section 17 of the Registration Act, a document creating or extinguishing a right, title or interest in immovable property requires compulsory registration and in absence thereof cannot be relied upon to assert a right, title or interest in a property. But this is part of substantive law. Rules of evidence recognise estopple. The two laws operate in their respective fields.
Assuming, however, that said document was compulsorily registrable the Courts have generally held that a family arrangement being binding on the parties to it would operate as an estoppels by preventing the parties after having taken advantage under the arrangement to resale from the same or try to revoke it.
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Adv. Urfee Haider
Delhi | 200+ Answers
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