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Can settlement deed made be cancelled after death of the person?
27-Aug-2023 (In Property Law)
My father in law made a settlement deed in favor of my husband. My husband died last year after which he cancelled the settlement deed. Can he do that? How can the legal heirs claim their share?
You have stated that your father in law made a settlement deed in your husband's favor, please tell whether the said settlement deed was registered or unregistered.
If it was a registered deed, then your father in law cannot cancel the same unilaterally, it is invalid and illegal as per law.
As a legal heir of your husband you have full right in the property transferred by the settlement deed. You can file a declaration suit seeking to declare the cancellation of settlement deed as null and void and to declare the title of the legal heirs in the property and for possession if possession is not with you.?
If it was a registered deed, then your father in law cannot cancel the same unilaterally, it is invalid and illegal as per law.
As a legal heir of your husband you have full right in the property transferred by the settlement deed. You can file a declaration suit seeking to declare the cancellation of settlement deed as null and void and to declare the title of the legal heirs in the property and for possession if possession is not with you.?
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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Once a settlement is made and possession handed over to the settle, the settlement deed can not be cancelled. Your husband is the owner of the property and his legal heirs are entitled for a share in the property.
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if the Settlement Deed is conditional Nature Settlor can cancel the Settlement if the settlement deed is Absolute Settlement Settlor have no right to cancell the deed, if your settlement deed was Absolute, you and your children are First Class Heirs So you can file a suit against your father in law
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Adv. R Jayakumar
Coimbatore | 25+ Answers
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