Land settlement issues
Vinoth
(Querist) 02 August 2014
This query is : Resolved
My grand father has four children.two son and two daughter.grandfather had buyed 3.15acre by his own.my father is living separately.they are living together.one daughter has no eyes.another daughter is came away from his husband and living with my grandfather itself.grand father has wrote the house for their two daughters and 0.15acre to his one son separately.latterly he wrote one settlement that 1.5acre to my father in 2008.and that settlement was also registered in register office.now remaining 1.5acres in grand father name only.then he wrote another settlement that dividing 3acres of land into five parts.including one part to him,then other four parts to sons and daughters in 2010.and this settlement also registered in register office.now my father has made a case that how my land of 1.5acres can be again divided and wrote as another settlement.please help me what will be the judgement.But without consent of my father they have canceled the settlement.and after two years they divided the whole 3acres into five parts and registered in register office.the land at first which my grandfather gifted contain our buildings.for that we are paying tax regulary.and all the power connection are also changed to my fathers name after the first settlement were made.that buildings are also constructed by my father only.but in second settlement they divided that buildings also.please help me.
Raj Kumar Makkad
(Expert) 02 August 2014
Once settlement deed duly registered and implemented, the same cannot be reverted back or cannot be changed without consent of all concerned. It shall be better to get second advice from a local lawyer by showing him entire relevant documents.
Rajendra K Goyal
(Expert) 02 August 2014
Consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 02 August 2014
your father has good case on merits . once your grand father has by registered settlement deed gifted your father 1.5 acres of land he cannot without consent of your father cancel the gift deed . the subseqent settlement deed wherein said 1.5 acres of land is again divided among legal heirs is void and can be challenged in court
Vinoth
(Querist) 02 August 2014
Then judgement will be on my fathers side ah?
Vinoth
(Querist) 02 August 2014
But without consent of my father they have canceled the settlement.and after two years they divided the whole 3acres into five parts and registered in register office.the land at first which my grandfather gifted contain our buildings.for that we are paying tax regulary.and all the power connection are also in my father name only.
ajay sethi
(Expert) 02 August 2014
yes your father will win the case
Vinoth
(Querist) 02 August 2014
But the second settlement which was made also registered.and now the first settlement was canceled.
Raj Kumar Makkad
(Expert) 02 August 2014
The second settlement shall be got set aside on filing the civil suit to that effect.
Vinoth
(Querist) 02 August 2014
Sir i cant able to understand.please explain me sir.
Dr J C Vashista
(Expert) 03 August 2014
You have been adequately advised by the experts, I concur and advise you to engage a local lawyer for perusing the doucuments and filing a suit in the Court
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
As rightly advised by Dr. Vashista, you have been properly addressed by all experts, further queries may be clarified from your advocate.
Vinoth
(Querist) 05 August 2014
Thank you sir.truth will win.
Raj Kumar Makkad
(Expert) 05 August 2014
You are Most welcome and truth shall definitely win if properly persued.
Vinoth
(Querist) 16 August 2014
After four years,now this case is on straight argument.
Vinoth
(Querist) 16 August 2014
Ya sure sir.we are trying our level best.
Vinoth
(Querist) 24 August 2014
My father only attended the straight argument.my grandfather not attended it.so they postponed it.how many times they will postponed it.
Raj Kumar Makkad
(Expert) 24 August 2014
Court shall not wait for a long time and shall press for the conclusion of the argument.
Vinoth
(Querist) 25 August 2014
How many times they will postpone sir
Guest
(Expert) 25 August 2014
Dear Author,Consent of your father is not required while cancelling the Settlement Deed by your grand father.Your grand father would be supported by Section 23 of Parent and Senior Citizen Act 2007 in addition.Still your father could claim compensation for his investment in construction of building.The Electricity and Revenue Records could be changed by your Grand Father basing on the cancellation and New Settlement Deed Executed.
Vinoth
(Querist) 25 August 2014
Sir N.J.S.Rajkumar alias narasimha then the first settlement made wont be valid ah sir.
Guest
(Expert) 25 August 2014
Once it is cancelled it has no legal value.
Vinoth
(Querist) 26 August 2014
But ajay sethi sir said that-your father has good case on merits . once your grand father has by registered settlement deed gifted your father 1.5 acres of land he cannot without consent of your father cancel the gift deed . the subseqent settlement deed wherein said 1.5 acres of land is again divided among legal heirs is void and can be challenged in court.
Vinoth
(Querist) 26 August 2014
Sir please help me
Raj Kumar Makkad
(Expert) 27 August 2014
You have already been advised that subsequent settlement deed is illegal but the same s required to be got declared as void from the civil court.
Guest
(Expert) 29 August 2014
First confirm yourself whether it is Settlement Deed OR Gift Deed. IF IT IS SETTLEMENT DEED YOUR GRANDFATHER COULD CANCEL THE SAME WITH OUT ANY BODY'S CONsENT AND IT IS LEGAL.
Vinoth
(Querist) 29 August 2014
Sir the document is in tamil language.so i cant able to find its a settlement deed or gifted deed.can you please explain the meaning for settlement deed and gifted deed sir.
Raj Kumar Makkad
(Expert) 29 August 2014
Gift deed pertains to permanent handing over the ownership by donor to donee whereas the settlement deed is like a compromise/division between the parties concerned.
Vinoth
(Querist) 30 August 2014
My grand father itself giving land to my father.then it will be gift deed only sir.
Dr J C Vashista
(Expert) 30 August 2014
As advised show the document to a local lawyer and you have sufficiently been advised by the experts, engage a local lawyer to peruse the document(s) and advise and proceed legally in your own benefit and interest.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
As advised properly by all experts,it is better that you obtain a first hand opinion from a local lawyer by producing the relevant papers before him lest you will be misguided by getting too many opinions online.
Guest
(Expert) 30 August 2014
Consult Local Registrar Office and Confirm the same.
