What are the grounds for cancellation of settlement deed?
In 2018, Hindu husband A (85) willingly executed a settlement deed, transferring whole ancestral property (55 sq.m), with full knowledge, to wife B (78). They have a son, C, and a daughter, D. The property, acquired by A as his father passed away when he was 2 years old, comprises two survey numbers: A (25 sq.m, road-facing) and B (30 sq.m). Husband A/wife B had a loan of 10 lakhs rupees and son C is not willing to repay the loan. Daughter D has repaid the loan amount of 10 lakhs and in return to that in 2023, B transferred 25 sq.m (Survey A) to daughter D and A has put the witness sign for the settlement deed. Now Son C has filed a case against mother B, that she forced her father A to execute settlement deed to her name and as per law wife doesn't have share in ancestral property hence requesting court to cancel the settlement deed?" Will court cancel the settlement deed done by Husband A to Wife B?
It is unlikely that the court will cancel the settlement deed done by Husband A to Wife B. Under the Hindu Succession Act, 1956, a wife has an equal right to claim a share in her husband's ancestral property as that of a son. This right was granted to wives through the Hindu Succession (Amendment) Act, 2005. In the given case, Husband A willingly executed a settlement deed in 2018, transferring the entire ancestral property to Wife B. This settlement deed is a valid legal document and cannot be cancelled simply because the son is not happy with it. Contact us for further enquiry.
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