Settlement deed
KAUSHIK2006
(Querist) 24 February 2017
This query is : Resolved
Dear Team,
My brother and myself partition a property which was inherited through my grand father (family partition between my father, his brother and aunt with another property. later partition between my sister and ourselves in the same property and later partition between us in the same property (total 450 sq ft) 225 each was divided between us 7 years back. My brother advised me to buy his share and entered into the sale agreement which was registered in Chennai for 2 years and I paid payment on subsequent interval and now complete settlement is going to complete in June month. kindly advise
whether i can register settlement deed with my brother.
whether his daughter will get any share on attaining major. If any legal complication later.
Kumar Doab
(Expert) 24 February 2017
Why are you apprehending any dispute from daughter of your brother?
Have you obtained copies of all mutation records and with all link documents and obtained proper legal opinion from your own counsel specializing in property/civil matters?
‘Buyer Beware’ applies to property dealings.
Kumar Doab
(Expert) 24 February 2017
It is believed that you are Hindu.
The property in the hands of Grandfather was self acquired.
Confirm!
Kumar Doab
(Expert) 24 February 2017
The property from deceased Hindu male devolves equally upon his classI legal heirs: Mother, wife, sons, daughters…………………….
If there was NO defect and inheritance was by equal share and properly then your father got proper share.
The property acquired by inheritance is of the nature of self acquired.
Anyone can dispose self acquired property in his/her life time by a valid deed say: sale/gift etc!
Likewise if after death of your father his ClassI legal heirs got proper share, then there should be NO defect.
Sons and daughters have NO forced share in parents’ self acquired property.
Still get proper legal opinion from your own able counsel.
It may cost you a minor fee but it can protect your hard earned monies.
Sri Vijayan.A
(Expert) 25 February 2017
Just a settlement deed by your brother in favour of yourself is enough.
His wife or daughter cannot question it.
But make his wife as witness for the settlement deed, because in the settlment deed, you wont mention any money value. Later his wife may claim that you have obtained his signature and the settlement deed by force and influence.
To avoid such a situation, get her sign as a witness.
Regards,
A. Sri Vijayan
94440 48547
Kumar Doab
(Expert) 26 February 2017
Agreeing with Mr.Sri Vijayan.A.
If the legal heirs sign as Consenting Witness (es), for any valid/registered deed that you may choose, it is in your benefit.
Kumar Doab
(Expert) 26 February 2017
Thanks for agreeing Mr. Yogen Kakade.
krishna mohan
(Expert) 27 February 2017
Well advised by experts. But I am of the view since valid consideration is being paid, able lawyer may be consulted to draft settlement deed by appropriately mentioning consideration received as settlement need not reflect market value and also some stamp fee to be paid to registrar/non judical stamp paper to be bought. Witness of his legal heirs as suggested by Mr.Vijayan will also help and solve the likely future claims if any.
