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Can settlement deed be revoked without the consent of the transferor


10-Mar-2023 (In Property Law)

Property settlement deed was made to me by my father unconditonally that is my mentioned a clause that it cannot be revoked in future by him. For the Property I gave some compensation amount to my sisters which is not mentioned in the settlement deed. Now sisters sentimentally forcing father to cancel the settlement deed and asking father to prepare will on the property. My question is, is it possible to revoke the deed without my knowledge. If there is a possibilities what action to be taken for this condition. 

Answers (2)

Answer #1
969 votes
A registered settlement deed cannot be revoked unilaterally by the donor especially when it is an unconditional settlement. If any act done in this connection, it will be held as invalid and not binding on the donee. For making the registered settlement deed more effective, the donee should immediately act upon it by applying for mutation of revenue records, applying for transfer of electricity connections, water supply connection and any other aspect that is to be take care of including physical possession of property. This will make sure that the donee will have a easy passage even in case the donor illegally revokes the registered settlement deed, to file a suit for declaring such revocation as null and void.
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Answer #2
766 votes
sir The Settlement Deed could not be revoked by way of cancellation deed unilaterally, once the case did not fall within the exceptions, under Section 126 of the Transfer of Property Act such as fraud, ancestral property etc that too has to be cancelled only by way of availing civil remedies. a person having no right in the property after alienating the same by way of irrevocable settlement deed, cannot get it cancelled by getting it registered. The transferee after executing the settlement deed when it is accepted by the transferor, is left with no interest in the property, therefore, it was not open to your father to get the cancellation deed registered, as he could have challenged it by filing civil suit and proving the allegations of fraud if any.
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Advocate N Sudalai Muthu

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