Legal Question in Real Estate Law in India

Re: property settlement deed for minor

You have not mentioned under which personal law you are governed. Presuming that you are Hindu, you are certainly entitled to cancel the settlement-deed provided there is no bar in the original settlement deed restricting your right to subsequently cancel it. If you have allowed full authority to guardian(can be described as manager in this case) I am afraid your case may become weak. Any case proper opinion/advice can be given after perusal of relevant papers

Re: property settlement deed for minor

You have the right to cancel the settlement deed as their is a clear violation of the terms of the said deed, as when a Minor is involved in any transaction, the interest and welfare of the minor is of paramount importance and nothing less than that can be settled for.

Re: property settlement deed for minor

You may either cancel the settlement deed by executing and registering a deed of cancellation; or, by making an application to the court.

The grounds may be the same as mentioned by you, i.e., the fact of Guardian 2 leasing out the property and using the priceeds towards her own interests and not for the interest of the minor.

Re: property settlement deed for minor

a cancellation deed be framed and registered by you cancelling the earlier settlement deed.

Depending on the circumstances giving rise to settlement deed, in a given case, there is no need for you to even mention any good reason for revoking the earlier setlement deed.

Re: property settlement deed for minor

If your are Hindu then apply in the court of Disst Judge under Hindu Guardianship & Ward Act and narrate all the grounds that the guardian no.1 or 2 are not looking welfare of minor child and take the order for annulement of guardianship deed, follwoed by the cacelletion of lease deed and get yourself appointed as a guardian since you are natural mother/father.