Mother got property by family settlement can grandmother cancel it

613 votes

sir/Madam,
First of all, you had stated that your grand mother gave family settlement by getting plenty of money from your mom and gave the property to her. hence , you first clarify, whether a family settlement was made or property was given to your mother for sale consideration. However, now you can file a case before the jurisdictional High Court to direct the Registering authority to cancel the cancellation of settlement deed effected by your grandma. it is a settled position that without giving notice or obtaining consent from the beneficiary ( here your mom) settlement deed can not be cancelled unilaterally.

Advocate N Sudalai Muthu LawRato

526 votes

A duly Registered Family Settlement deed can not be cancelled without the permission of the court. The settlor losses the right which he held once the settlor settles the property in favour of the settle. And settlor can not claim any right which existed before. As stated by you it is understood that your grandmother(settlor) settled the property by way of settlement deed. Now she can not revoke it. Such revocation is not valid under law. As your mother is already in possession of the property after paying necessary taxes, Electricity and charges your mother hold a better title over the property. Signing any document shown by other members of the family may put your mother and you in adverse position.

Advocate GP Vijay LawRato

979 votes

First of all check if the family settlement deed was a registered document or an unregistered document.
If it is an unregistered document then your mother's name will not appear in EC.
However your mother can issue a legal notice to your grandmother (i.e., the donor) to register the settlement deed made in her favor in the year 1997.
If your grandmother do not respond nor is inclined to register the same , your mother can approach the civil court with a suit to declare her title to the property in the basis of the unregistered settlement deed and to support her claim she can produce the commentary proofs namely electricity receipts, and all other allied documents in her possession.
Consult a local advocate for further issues.

Advocate T Kalaiselvan LawRato