Legal Help

[N.Mohan Sai]

My name is N.Mohan Sai from INDIA. My legal help requirement is as below.
In May1957 a settlement deed was made and registered on my name by my mother's, mother's cousin sister. My age at this time was 12. The settlement deed reads, out of love and affection the house property which she purchased thru a sale deed is given to me as registered document. It is also mentioned that I have rights only to enjoy and no rights to sell or mortgage and only my children will have those rights after my lifetime. Her lifetime interest is protected by saying I can enjoy all these rights after her life time. In this document as desired by my parents they are permitted to live in that house and enjoy the income from half portion of the house till their life time and remaining half portion to me and after the death of my parents entire income from the house. In the year 1972 my parents asked me to give the rights of income from my portion also to them and I did so thru a registered document that till my parent's life time they can enjoy my share also and after their demise it will be back to me. No rights are given for my parents to mortgage or sell etc.. except to enjoy the income. However due to some misunderstandings in the family it appears this settlor has cancelled and revoked in Oct1958 and registered. In this document it is mentioned that she wanted to adopt me since she had no issues and because i joined my parents leaving her she is cancelling and revoking (I was with this settlor from childhood till 1957). It may pl. be noted that no such conditions were there in the recitals of original settlement deed. In the cancellation documents only these reasons are mentioned. I was not aware of this cancellation since all the documents were with my mother. The settlor died in 1978 and my mother expired in 2006. My father passed away in 1987. I only knew and heard that I have this property. I have never seen any documents. After a lot of persuation and since my brother tried to misuse this settlement deed for taking some loan from a private person I forced my mother to settle the loan taken by my brother thru forged signatures and handover the documents. At last after six months my mother handed over the documents. Pl. note at this time the revoked document in 1958 was not given to me. Further I have some dispute with the same brother reg. another house property in which i have a share. I didnot give him a release deed for this house. So it appears he having knowledge of the cancellation deed thru my mother which she never disclosed to me nor the settlor, took some xerox copies and gave it to a tenant running a shop in this house and also to some others in the town. Thru this tenant only I came to know about this cancellation and was shocked. Now I want to dispose of this house. But with the cancellation document I think it is not correct to sell without disclosing the fact. If disclosed no one will come forward to buy. The house is in my possession, the property tax is still in my name. My mother has not paid propertytax for last five years before her demise. i paid everything and receipts are with me. One of the electricity connection was in my mother's name which I changed in my name recently. Now my question is whether the cancellation is valid. I understand any cancellation of a settlement deed can be done only thru filing a suit against the settlee. This was not done in my case. Since i am in possession for the last 50 years and property tax is in my name ( since after revokation the settlor has not taken charge by possession and by changing name on her in property tax) if i go to court to declare the revokation as null and void will I succeed. I will be very thankful if one or two supreme court judgements can be cited so that I can fight my case. Can my brother give any trouble saying he also have some right by saying my mother was in possession in that house. My parents left this house and stayed in another house close by from 1983 but was enjoying the rents from this house. Till date I have not enjoyed even a single rupee from my house. My mother has filed an RCOP since 1997 against this tenant who gave this revokation document copy. After my mother's death I started to implead and now this tenant in his counter in court has said I am not the owner citing cancellation. Pl. help me with yr advise. Your feed back with some references will help me a lot.

Can you get a company to review the chain of title and then insure or guarantee your interest.

It seems that may be your only option to clear all this up?