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Family settlement deed was revoked by brother what can I do
07-Jul-2023 (In Property Law)
MY father was died in 1999 after that me and younger brothers wrote registerd settlement deed for Agricultulal land in 2009. Now the my younder brother was to revoked the earlier settlement deed in oct-2015... But without signature and fingerprint and notice of me. that property was self accuired of my father. but my was did not wrote any will and gift to any one in my fahter. More over my younger brothers are chiderns of second wife of my father. please give me advice of settlemet deed will be revoked or cancel ? what are next steps ?
Hi
the registered settlement deed registered in 2009 cannot be cancelled now as any document should be challenged within 3 years from the date of registration.
Your younger brother cannot revoke the registered deed now after a gap of 7 years and that too with your signature or finger print.
you should file a suit for declaratory title immediately in the civil court based on the registered settlement deed.
with reference to the children being borne out of second wife and father, children born to your father (including second wife's children) are eligible to get a share of property of your father.
the registered settlement deed registered in 2009 cannot be cancelled now as any document should be challenged within 3 years from the date of registration.
Your younger brother cannot revoke the registered deed now after a gap of 7 years and that too with your signature or finger print.
you should file a suit for declaratory title immediately in the civil court based on the registered settlement deed.
with reference to the children being borne out of second wife and father, children born to your father (including second wife's children) are eligible to get a share of property of your father.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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SIR,
YOUR YOUNGER BROTHER CAN NOT REVOKE REGISTERED SETTLEMENT DEED WITH OUT GIVING NOTICE TO YOU. IN THE ABSENCE OF ANY WILL OR GIFT BY YOUR FATHER THE SETTLEMENT DEED WHICH YOU ENTERED WITH YOUR BROTHER CAN NOT BE REVOKED OR CANCELLED UNILATERALLY. IF YOU ARE IN POSSESSION OF THE AGRICULTURE LANDS OF YOUR SHARE THEN THERE IS NO PROBLEM FOR YOU RIGHT NOW.
YOUR YOUNGER BROTHER CAN NOT REVOKE REGISTERED SETTLEMENT DEED WITH OUT GIVING NOTICE TO YOU. IN THE ABSENCE OF ANY WILL OR GIFT BY YOUR FATHER THE SETTLEMENT DEED WHICH YOU ENTERED WITH YOUR BROTHER CAN NOT BE REVOKED OR CANCELLED UNILATERALLY. IF YOU ARE IN POSSESSION OF THE AGRICULTURE LANDS OF YOUR SHARE THEN THERE IS NO PROBLEM FOR YOU RIGHT NOW.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
CONTACT NOW
as you are not a signatory party to cancel/revoke deed, the said action is unlawful and hence you have a remedy to set aside the cancellation. You can approach high court making the registrar and your brother as respondents. You can also approach the civil court for a declaration to set aside the cancellation. Any remedy can be opted depending on time and cost factor.
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