1. Yes, as long as A is alive, she can very well do so.
2. It is better to cancel the deed of settlement and write a Will bequeathing the property to whomsoever A wishes.
Settlement deed with life interests of settler alteration possibility
A has registered the settlement deed for her house property which was acquired by her own earning .The settlement will be effective only after the lifetime of A, The settlement deed says that A will enjoy the ownership pf the property with life interests and after the death of A , the property rights will go to her son B. The document says that the settlement is irrevokable. Now after 8 years A finds that she is facing a lot of health issues and regular hospitalisation and medical treatment becomes necessary. B does not take care of his old mother and he buys house and settles down in a foreign country. C , who is the younger brother of B , moves to India with family exclusively to take care of his mother A. So A is under the care and total dedication of C's family. 1. Since A is still living can she sell or mortgage the property as its owner? 2.can she alter the settlement in favour of C after her lifetime?what is the procedure?
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
She cannot sell or mortgage the property as she has only life interest in property
2) she has to file suit to set aside settlement deed
3) she cannot alter it in name of C
The settlement deed (from the contents given by you) is just like a Will. Will is effective after the death of the testator. As you said, the settlement deed says that A will enjoy the ownership of property with life interests and now for life interest i.e. for taking care of her health issue, she can sell, mortgage the property as its owner or she can execute Will in favour of C or can execute Gift Deed in favour of C during her lifetime to avoid any complication after her death.
Yes. As Once property is sold than after her demise to whom B will claim. Parents are free to cancel transfer of assets to wards if the terms are not fulfilled, Is there any maintiance clause ?
Still language of deed is must, as registered deed can be cancel by court order only.
What other conditions she mention in settlement deed ?
Is there a provision to revoke the settlement in favour of B since it will be effective only after the lifetime of the settler? will it be mandatory to go to court for making any alteration of settlement in favour of C? Can it be done at the lawyer level? Will the presence of B, who is abroad, be required?
Asked 6 years ago
Registered document cannot be cancel unilaterally, so court order is must. As i said, what are conditions of settlement deed ?
Registered deed can be canceled if conditions are not fulfilled.
As the settlement is effective only after the lifetime of A, A can very well revoke it at any time during his lifetime. The cancellation deed has to be drafted by a lawyer suitably and registered. If there be any issues at the time of registration, you may move the competent court for appropriate remedy.
Deed of settlement can be cancelled by mutual consent
if B is not agreeable take legal proceedings to set aside settlement deed
you cannot unilaterally alter the deed
If she is senior citizen she can revoke her settlement deed
1. Quite possible as she is the absolute owner.
2. Although it is irrevocable if the conditions stipulated therein are not satisfied it can be cancelled. However unilateral cancellation is not possible . B should get notice.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
In case A enjoy her property rights during her life time, the so called settlement deed is automatically revoked. In case A does not enjoy her property during her lifetime then it will go to B. But in case A sell, gift, mortgage, relinquish in favor of C during her lifetime, B rights would automatically finished.
1. since A is alive she can do whatever she wishes with her property
2. the registered settlement deed can be cancelled by a notice to B followed by a public notice in local newspapers
3. if B has any grievance then it is for him to approach the court and seek a declaration in his favour
Dear Sir/Madam
Assuming that it is a self acquired property of A, The settlement deed can be revoked at anytime and the simple procedure is to get registered the cancellation deed by A and enjoy the property or Gift the same to any other person.
Presence of B is not required if it is not a gift deed .
To get authenticated direction to cancel settlement deed , A may approach RDO under the provisions of SENIOR CITIZEN'S ACT which are as follows :
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
no she cannot sell or mortgage the property as she has already given the rights of property to B
For alteration of settlement deed she need to file a suit to set aside the settlement deed which is in favour of B.
After that she can write will or make a separate settlement deed in favour of C.
