property settlement

Querist : Anonymous (Querist) 20 August 2010 This query is : Resolved
Among three legalhairs patta of the property had changed by mutation ofrevenue records or udr survey mistake on one legalhairs name.That legalhair died.Now his wife aged 68 making a settlement stating she got the property of ancesstors through her husband siting patta Nos and she divides the property to her son aged 38 and daughter aged 37.Is this settlement valid? The settlement is registered and son and daughter with this settlement transfered patta on to their name.is this way alegal one?please help me. thanking you,

Follow Query

Report Abuse

s.subramanian (Expert) 20 August 2010
For conveying an immovable property a person should have valid and lawful title. In its absence there cannot be a valid and lawful transfer of property. Mere revenue entries are incapable of creating title in favour of any person if in fact he has no title to it. It is well settled by the judgement of the supreme court of india. hence the settlement deed made by her is without any antecedent title and on the basis of a wrong revenue entry. It is not valid and incapable of conveyin title in favour of the settlee.

Y V Vishweshwar Rao (Expert) 20 August 2010
I agree with Mr S Subramanian
It appears that after the death of the original Pattedar, the Revenue mutation is made in the name of one legal heir, instead of mentioning names of three legal heirs.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now