I am from Chennai and Tamilnadu, India.
I have 2 brothers and 1 sister. We have a house and my mother is the owner of that property. 10 years ago my mother had made the settlement of this house to my younger brother with a condition mentioning that he has to look after her and take care of her basic needs like food, medical, etc throughout her life period. It is also mentioned in the settlement deed that my mother can cancel the settlement made to him, in case my younger brother fails to do so. Recently for last 3 years my younger brother is not taking care of her need and is torturing her. Because of this my mother lost patience and cancelled the settlement deed recently. She didn't communicate this matter to my brother in view of her safety. I learned that as per the law, settlement once done cannot be cancelled. In view of this, I would like to seek clarifications from you for the following.
1. As per law, can we make the settlement of property with certain conditions? Is it allowed or not?
2. After few years, if concerned party fails to meet the conditions mentioned in the settlement deed, then is it allowed to cancel the settlement and is it legally valid?
3. Once the settlement done, can the settlement be cancelled as per recent law?
4. Since my mother has cancelled the settlement, as per law whether it will be considered as valid cancellation? Also whether my mother will be the owner of the property or not?
5. Is it mandatory that the settlor need to inform the settle about the cancellation of the settlement?
6. Can my brother file a legal case against my mother mentioning that since my mother has made the settlement to him, she cannot cancel the same and hence the property shall belong to him? What would be the chances or in percentage for my brother to get the property back to him?
7. Since my mother has cancelled the settlement, now who will be the owner of the property? Is it my mother or my brother?
8. What is the procedure for getting the property back to my mother if cancellation of settlement is treated as invalid?
Thanks and anticipating your expert advice in this regard.