Legal Question in Wills and Trusts in India

Cancellation of Settlement Deed

An old lady of 76 years executed a settlement deed in favour one of her nephews. Ignoring another nephew and nieces. It was her self earned property. Terms of the deed are that she has not handed over the property to her nephew that she would continue to occupy the immovable property and enjoy benefits of the property during her lifetime. After her death, the rights in the property would be vested in the settlee.

Now, she realised her folly and intends to cancel the settlement deed and execute another deed including other members also who were left out earlier. Can she cancel the settlement deed? If so on what grounds?


Asked on 7/04/09, 2:42 am

4 Answers from Attorneys

Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Cancellation of Settlement Deed

She may revoke it and execute a WILL as per her wishes provided if the settlement made earlier was not made in the court.

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Answered on 7/04/09, 6:10 am

Re: Cancellation of Settlement Deed

You can cancel earlier deed. rest your counsel will guide you.

Regards

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Answered on 7/04/09, 6:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cancellation of Settlement Deed

Duplicate question. already answered.

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Answered on 7/04/09, 6:52 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Cancellation of Settlement Deed

she can cancel the settlement deed in case she has not received any monetary benefits in lieu of settlement. moreover, the properties can pass by executing a will and not by settlement.

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Answered on 7/06/09, 1:38 am


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