Response

The setter or any other person can not just cancel a settlement deed. Only on procuring the order of the court can it be cancelled. You may get get a favorable order from the court if your family members proves that the settlement deed is made maliciously or by foul play. If you are planning on challenging if the settlement deed id valid, then proper evidence needs to be submitted to the court proving their contention. You could try out an amicable settlement. If you feel the problem persists then you may decide on the legal course of action available for recourse.

If your grandmother transferred the property to you by executing a registered gift deed in your favor, you should think if your grandmother possessed marketable title at the time of transferring this property. If both the question prove to be affirmative, it is for sure that your sister and your mother and father can’t challenge the same. You will be the absolute owner of the property. Her case cannot be maintainable.

The settlor or any other person can not cancel the settlement deed willy nilly. It can be canceled only by obtaining the court order. Once a settlement takes place and possession are handed over to the settler, the settlement deed can’t be cancelled. Your husband will be the owner of the property and his legal heirs will be entitled for a share in the property.”

Reference: According to Section 17 of the Indian Registration Act, a family settlement that purports to assign immovable property must be mandatorily registered or the deed would be invalid. A stamp duty is applicable on such deeds and the amount would depend on the value of the property involved. – – AHG138 – 202100580 – 68 – 149- 202100222-20210042-17776

LAWAYZ-2023-996