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Can we cancel settlement deed if the property is sold to 3rd party?
06-Jan-2023 (In Property Law)
Grandmother wrote settlement deed for two grandsons Mr.A and Mr.B on 2012. Now the grandmothers wants to cancel the settlement deed of Mr.B because of Mr.A wants to have full land of grandmother... But Mr.B registered the settlement deed and got patta on his name, gave power of attorney to his wife, and his wife sold the property to another third party as registered sale deed with his knowledge only.. After knowing this, grandmother wants to cancel the settlement deed and made petition on court Is it possible to cancel the deed?
The settlement deed was not bound by any condition and it was fully and properly acted upon by the donee, therefore there is no reason for cancellation even if a case is filed before court in this regard by the donor alone.
You may confirm that whether there was any condition imposed in the settlement deed which was not complied with by the donee to make the deed eligible for cancellation.
49+
Adv. T Kalaiselvan
Vellore | 400+ Answers
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Cancellation is not possible. Even assuming any revocation clause exists in the settlement deed, the transactions effected in the interganum period will binding on the parties. In that way based on the settlement deed the property in question had already been sold to some one. Hence cancellation or revocation is not possible
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Adv. N Sudalai Muthu
Madurai | 100+ Answers
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