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What are steps I need to take to recover ancestral poperty?
30-Dec-2023 (In Property Law)
Hi , Anyone please advice me for the below issue. 1.My grandfather made a settlement deed to my father and it has been registered on Dec 2006. My father has passed away 2007 due to illness. Now my grandfather has given petition to register office to cancel his settlement deed carried out to my father. Is it legally Possible? 2.In the settlement deed clearly says about details of property 11x85= 935Sq.Ft but he encroached in our property around 11x16=161 Sq.ft. What are the steps i need to take to recover my property.
It cannot be cancelled unilaterally by the donor without the consent of the donee.
As the donee has expired during 2007, it is deemed that the settlement deed has been acted upon.
Hence the so acquired property which becomes intestate upon the death of the deceased donee, shall devolve equally upon the legal heirs of the donee alone.
The donor has no rights on the property after he alienated the property after an execution of a registered settlement deed hence any application to the Registrar or before a court requesting cancellation of the same shall not be maintainable in law or in facts.
If the donor has encroached a portion of the settled property, then you may file a suit for mandatory injunction and for ejecting him from the illegally occupied (encroached) portion of the property and seek repossession of the encroached portion by a suit before the civil court.
All the legal heirs should tender an application jointly before the revenue department to mutate the revenue records of the property in favor of the legal heirs of the deceased donee on the basis of legal heirs to the title holder of the property.
A mandatory injunction suit against the donor to not to interfere in your possession and peaceful enjoyment of the property to be filed along with other reliefs as stated above.
Consult a good advocate in the local and take his advise on all such further issues.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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