validity of settlement deed
Querist :
Anonymous
(Querist) 28 January 2011
This query is : Resolved
Dear Legal Expert,
My query is regarding a property of my grandfather
The property was originally purchased by Ragavan in 1922. Ragavan died intestate in 1940 leaving his wife Lakshmi.
Lakshmi filed a suit on the brothers of Ragavan for the possession of the property in 1941 and got judgement in her
favour. The couple did not have any child.
Ms. Lakshmi executed a duly registerd settlement deed in 1963 favouring my grandfather upon some conditions, as my
grandfather is the adopted son of the couple. She has also mentioned in the deed that my grandfather is the adopted
son. My grandfather has satisfied all the conditions and having sufficient proofs for the same. There is no case
over the property till now. The property was in my grandfather's possession from 1963. Ms. Lakshmi died in 1963
Recently my grandfather sold the property. Now the grandsons of brothers of Ragavan claim (knowing that the
property has been sold) that they are the owners of the property and threaten to file a suit. They challenge that
the settlement deed is not valid since my grandfather is not the adopted son of the couple. They also challenge
that Lakshmi has no legal rights to execute a settlement deed.
There is no adoption certificate. But my grandfather has some school documents which states that Ms. Lakshmi is the
guardian and he has number of proofs for staying along with the couple.
All the parties concerned are Hindu, Indian. Is it necessary for my grandfather to prove that he is the adoption
son for the settlement deed to be valid ? If so, how can he prove in the absence of certificate. Is the challenge
that Lakshmi did not have legal rights to execute the settlement deed, valid ?
Kindly help me clear my doubts.
