Property share

anbu (Querist) 01 December 2016 This query is : Resolved
Dear Expert
Father settled the house property in favor of my mother in 2006. Mother died on March 2015. After perusing the certified copy of settlement deed, the contents are thus: “My sons and daughters will have no right to object to my settlement deed in favor of my wife, and will have no rights, and no continuity. Not sure it is father’s self-earned property or ancestral. Father is in 80s and not active. As a son only my name is in the ration card, adhaar card and voter id. I live in a rented house where I work with my family. My 3 elder brothers got married and living separately and sisters are married and one of my sisters is currently looking after my father. How I can get my share in the property. I live in Tamilnadu . What will be my property rights as a Muslim and How I can get my share? Father is willing to help.

Follow Query

Report Abuse

adv.bharat @ PUNE (Expert) 01 December 2016
You can file suit for declaration to get your share.

anbu (Querist) 01 December 2016
Thanks Expert
If sisters and brothers give release in my favour, I can get Tittle rights. Thanks in advance.

Rajendra K Goyal (Expert) 01 December 2016
Your father is alive.

He has settled the property in favor of your mother who has expired.

After her the property would be inherited by all legal heirs.

Try to have amicable settlement with all the legal heirs.

anbu (Querist) 01 December 2016
Thanks Expert
In this situation what will be the role of father?

adv.bharat @ PUNE (Expert) 02 December 2016
As father is alive all need to give release deed in you favour as every body have equal right in the property.

Will u appreciate this answer by giving like on my lci profile?

Rajendra K Goyal (Expert) 02 December 2016
He is there to rectify any technical mistake in the settlement deed if noticed / deed decided illegal.

P. Venu (Expert) 02 December 2016
The conditions in the settlement deed is strange. Anyhow, the facts as stated suggest that consequent to the settlement, mother had been the owner of the property and presently, in the absence of any other settlement or gift or will made by the mother, the property is vested on her legal heirs.

Dr J C Vashista (Expert) 03 December 2016
What is the settlement since for a settlement there has to be something disputed;
Settlement is between whom;

What was the reason for executing settlement by father;

Whether the settlement is registered, notarized or unregistered/un-notarized?

The father might have gifted his property in favour of your mother--recheck;

The information provided by you seem to be quite confusing, show the document to a local prudent lawyer for proper appreciation of facts and guidance.

anbu (Querist) 03 December 2016
Thanks Expert
The settlement is registered in the Sub-registrar's office. Father was very serious in 2006 ans three sons already left him. I was in abroad. It was a settlement Deed. It is somewhat not usual, how this title is rehabilated. My brothers and sistes are willing to negotiate.

Rajendra K Goyal (Expert) 03 December 2016
Document need to be referred, discuss with local lawyer.

anbu (Querist) 04 December 2016
I Will do. One more doubt. After my mother's death Tittle of the Property will revert back to my father?
Thanks in advance.

Rajendra K Goyal (Expert) 04 December 2016
The property was settled in favor of your mother, after her it would be inherited by all her legal heirs.

anbu (Querist) 04 December 2016
Thanks Experts

Rajendra K Goyal (Expert) 04 December 2016
You are welcome.

anbu (Querist) 07 January 2017
Dear Expert
My father earlier settled the above property in favour of my late mother. My father wishes to give his share in my faour. I am the youngest son. My name along with my wife and children in the official records (Adhar, Voter D, Ration Card) of the above property.
Is my father is competent to give his share to me?
Thanks Experts

Guest (Expert) 07 January 2017
Where are the Original Parent Documents.What is the document registered in your mother's name?.What type of document.Please confirm

anbu (Querist) 07 January 2017
Dear Expert
Father settled the house property in favor of my mother in 2006. Mother died on March 2015. Details are above. All Origial documents are with father.
Thanks Expert

Guest (Expert) 07 January 2017
Where is the Original Copy of settlement deed.

Guest (Expert) 07 January 2017
If the original settlement deed and all the parent documents are in your hands first obtain an up to date EC.Normally a Settlement Deed could be Cancelled by the Executor him self On submission of all Parent Documents in Original along with original Settlement Deed with up to date EC to the Concerned Registrar for Verification.For Cancellation of Settlement Deed the Presence and Consent of the Person in whose Favour it had been Executed is Not Required.After Executing the Cancellation the Same could be Executed in favour of any one of Present Choice after 2 days or the Very Next day also.Silence is Golden