Can we revoke a settlement Deed
In 1991,there was a registered partition deed between My grandma,my dad, 2 of my dad’s brothers and my dad’s sisters..(In all 5 partitions). In the partition document she had stated she has no rights in childrens property after that. However in 2002, MY dad passed away, because of which My grandma had become a part of my dad’s Legal Heir certificate. My dad’s Legal Heirs are myself, my brother, My mom and Grandmom. In 2013 one of my uncle tricked my grandma and wrote her 1/4 part in my dad property to his name through a SETTLEMENT DEED. My self and my grandma have asking the uncle to write back the 1/4 of the share which he to wrote to give it back,but he is not responding in a way that he is going to give it back.
My dad’s property is 5 acres of agricultural land, because of which I am not able to sell the property/nor do some business on that property.
Can my Grandma cancel the Settlement deed she wrote in 2013 now, if so how it can be done.
1 Reply
Land can only be transferred by a registered deed. if it is not yet registered, the title still technically remains with your grand mother. She can then register a unilateral declaration cancelling the settlement deed and then by a registered instrument transfer the property to your mother for instance. You should ensure that the revenue records also reflect this.
Having said that, if consideration has passed under the deed, then your uncle could have a specifically enforceable right to seek the transfer and would have a claim for payment of the money. This claim can be defended on the basis that the deed was entered into by fraud - however your evidence will need to be strong to back this up.
On the other hand, if the deed is registered - then your remedy would only be to challenge the transfer - as the title has already passed.