Legal Question in Wills and Trusts in India

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In May1957 a settlement deed was made and registered on my name by my mother's, mother's cousin sister. My age at this time was 12. The settlement deed reads out of love and affection the house property which she purchased thru a sale deed is given to me as registered document. It is also mentioned that I have rights only to enjoy and no rights to sell or mortgage and only my children will have those rights after my lifetime. Her lifetime interest is protected by saying I can enjoy all these rights after her life time. However due to some misunderstandings in the family it appears this settlor has cancelled and revoked in Oct1958 and registered. In this document it is mentioned that she wanted to adopt me since she had no issues and because i joined my parents leaving her she is cancelling and revoking (I was with this settlor from childhood till 1957). It may pl. be noted that no such conditions were there in the recitals of original settlement deed. Now my question is whether the cancellation is valid.Since i am in possession for the last 50 years and property tax is in my name if i go to court to declare the revokation as null and void will I succeed


Asked on 7/10/08, 8:07 am

6 Answers from Attorneys

Bhaskaran D Bhaskar Associates

Re: Legal Help

In your case I find there are no claimants over this property for you to worry.

Secondly you are firmly footed to your property under adverse possession of 30 years.

No one can shake you from your present position.

Enjoy!

On your own you need not go to Court.

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Answered on 7/10/08, 5:08 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal Help

Yes on adverse possession

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Answered on 7/18/08, 11:52 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal Help

Yes on adverse possession

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Answered on 7/18/08, 11:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal Help

Yes on adverse possession

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Answered on 7/18/08, 11:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal Help

Yes on adverse possession

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Answered on 7/18/08, 11:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal Help

Yes on adverse possession

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Answered on 7/18/08, 11:55 am


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