Can we cancel a settlement be regarding minor's property w/o court

My father wrote a settlement of an ancestral property( a gift from his maternal grandmother) on my younger sibling's name who was a minor till 2017. After 1 year of writing the settlement, he went on to cancel it (without court's permission) and transferred the property to his name again. After a couple of years, he separated from my mother, with me and my brother under complete care of her. After consultation with lawyers, she came to know that the cancellation does not hold under constitutional law and hence filed a case against him in the court. While the case has been going on for a few years now, he (my father) has recently mortgaged the same property for xx lakhs in the bank without the consent of my brother (who is now a major). Can we file a case against him in court for mortgaging a property that was already under legal disputes and misusing, defrauding my brother as well as the bank under the pretense of which he claimed the property to be in his name to avail t

Answers (2)

332 votes

Once settlement deed is made without any conditions attached to it, it can not be revoked. Therefore, your father has no right to cancel the settlement deed. It is not constitutional law but a right created under the statue which prohibits the settlor to cancel the settlement deed unilaterally. Even the Registrar is not supposed to register the cancellation deed on his own without being an order from the court. Pending suit - you can file an application to seek interim relief with the consultation of your lawyer.

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253 votes

Yes, you have to file a suit for setting aside your father's action of cancelling of the settlement deed and mortgaging of the property at the appropriate court in consultation with your local lawyer. You may lodge a criminal complaint too.

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