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How to amend/revoke family settlement deed


25-Jul-2023 (In Property Law)
myself ,my mother and my grand mother = persons involved.. my grand mother gave family settlement to my mom and gave the property to her in the name of "family settlement" on 1997.on 2012 grd-mom canceled it,by saying tat "we are not using it so i am canceling it so n so",by having some 100+200+20+20+10 pages document (reg documents -4312/2012) she did like this..but she dont have patta,she dont have mother document,she dont have anything other then this cancellation document which she made on 2012,now hw to change ec from my grand mother name to my mom name without her help?we hav all docs
Answers (3)

Answer #1
584 votes
Your grandmother cannot unilaterally cancel the settlement deed which was executed in your mother's favor for any reason, more so for the reasons stated by you.

What were you doing for all these four years after your grandmother cancelled the deed unilaterally?

Well your mother can file a suit for declaring the cancellation deed as null and void.

She can file an application in the same suit restraining her mother from interfering with her possession and enjoyment of the proeprty.
Answer #2
627 votes
Once the settlement deed is executed, it can not be cancelled unilaterally. That can be cancelled only by a civil court order.

If the settlement deed is cancelled by your grandmother, you may file a writ petition for quashing the cancellation deed.
Answer #3
509 votes
Sir/Mam,

A settlement deed once got registered can not be cancelled. Hence by having some 100+200+20+20+10 pages document (reg documents -4312/2012 and citing non usage by your grand mother is not valid under law. The proper course was to obtain a court order for such a cancellation. Now you should take steps for cancellation of any reverse deed as such Doc No. 4312/2012 you have mentioned here for clearing the title of your property. This can be done by a civil/property lawyer.

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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