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Author Topic: Once settlement done with conditions, can it be cancelled?  (Read 1308 times)

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Offline get_sundari

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Once settlement done with conditions, can it be cancelled?
« on: July 27, 2015, 11:06:39 AM »
Sir,
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.


Offline advkhanna

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Re: Once settlement done with conditions, can it be cancelled?
« Reply #1 on: July 27, 2015, 06:59:22 PM »
as long as a person making the settlement is alive this can me cancelled.

as long as the property is still registered in your mother's name.

By the way instead of focusing on her property you siblings are supposed to take care of your mother.

you people torture a mother, God is watching.                                                           

Offline get_sundari

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Re: Once settlement done with conditions, can it be cancelled?
« Reply #2 on: July 28, 2015, 08:12:29 AM »
Sir/Madam,
Thanks for your response.

However i think you have taken it in a wrong sense. We elders are taking care of my mother. But since my mother has made the settlement to my younger brother she is worried and would like to know the details for all the queries posted seeking for advice and clarrifications.

We are aware that because of our parents we have grown up and how can one do wrong things to the parents? Also the same situations will come to us also one day later!!!!.

Grateful if you can reply point wise rather than giving a generic answer as my mother can have a peace and also accordingly take some decisions based on your expert advise.

Trust you understand and appreciate our requirement.

Offline kphk

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Re: Once settlement done with conditions, can it be cancelled?
« Reply #3 on: July 30, 2015, 06:12:08 AM »
General rule is that once the settlement is made it cannot be cancelled. But on closer scrutiny of terms of the deed, exceptions can be carved out. Say if the condition laid down is precedent, then the stand that the property has not yet been vested with the beneficiary will be appreciated by the court. This is just one exception. So unless one goes through the terms it is not possible to give a proper opinion.

Offline get_sundari

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Re: Once settlement done with conditions, can it be cancelled?
« Reply #4 on: August 11, 2015, 11:53:09 AM »
Thank you sir for the response.

Following condition has been mentioned

In the settlement deed my mother has mentioned the following condition
i.e  My brother has to look after my mother her and take care of her basic needs like food, medical, etc throughout her life period.

In the settlement deed my mother has mentioned specific condition ie. She can cancel the settlement made to my brother, in case my younger brother fails to take care of my mother.

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.

My mother is alive even today. Since my brother didn't meet the specific conditions, my mother cancelled the settlement.

1. Can my mother has rights to cancel the settlement made to my younger brother.


 

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