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Ever (Not known)     23 July 2017

Family settlement among family members clarity?

House which i am living is in name of  myGrand father and empty land in name of my father. Both of them passed away. My dad is only son to my Grandfather. 

We are 2 sons and I am living with mother. Now i want to register the house in my name by paying to brother but land  we are not sure yet  (because he asking very high price)

some one has recommended me  go for family Settlement option registration which is only 1% registration cost but he has mentioned in family settlement it has to be only one go   in that it  has to be sort out with land also. later stage land registration wlill not happend because for mother & brother signature invaild.  is this statement is true? 

Can i do family settlement option specify to one property i.e Grand father house property and later to land?

Please advise any demerits in family settlement option in future. 

 

 



Learning

 15 Replies

Dr J C Vashista (Advocate)     24 July 2017

@Ever Not Known,

You will have to agree that grandfather came first in the world before your father, or vice-versa. Similarly house was constructed on land (in your father's name) which is stated to be in your grandfather's name???

Consult a local lawyer if the story is true.

You are an anonymous (with adoptive name as "Ever Not Known) author, no reply.

 

Moxit Shah   24 July 2017

please consult local lawyer

Ever (Not known)     24 July 2017

Sorry i want to stay anoymous until my options are sort it out. No, land and house are seperate. No link each other, house is name of grand father and empty land in name of my father. Can i go for family settlement on house first and later on land? Does at time of registration, only mother & brother signature orit has include brothers wife & children required?

Ever (Not known)     24 July 2017

Sorry i want to stay anoymous until my options are sort it out. No, land and house are seperate. No link each other, house is name of grand father and empty land in name of my father. Can i go for family settlement on house first and later on land? Does at time of registration, only mother & brother signature orit has include brothers wife & children required?

G.L.N. Prasad (Retired employee.)     24 July 2017

Please understand what the experts are saying.  There are several issues involved as you only one among legal heirs of your father, and there is no mention of other legal heirs of your grandfather etc.  Consult local advocate, these issues can not be sorted out through forums, as lot of documents on such acquiring and particulars of legal heirs etc., are required.

P. Venu (Advocate)     24 July 2017

The title to land is separate from the title to the structure threupon. However, this is theoretical proposition very difficult to give effect in a family settlement. The practical way to arrrive at a family settlement among all the legal heirs for the entire property. Please not that sons alone are not the legal heirs.

Ever (Not known)     24 July 2017

Shortly i'll consult lawyer before that knowing for options Iam taking about 2 different properties, one is owned by grandfather and othet property belongs my father both of property are not ancestry. Also Both of them are no more. 1. Can grandfather property acquired through family settlement route? My father is only son and we are 2 children and mom is alive. Mom & brother signature are good enough for settlement or sister-in-law also signature required? 2. Second property belongs my father which is empty land in my father name. Can i do family settlement later stage after first one is completed?

Ever (Not known)     24 July 2017

Shortly i'll consult lawyer before that knowing for options Iam taking about 2 different properties, one is owned by grandfather and othet property belongs my father both of property are not ancestry. Also Both of them are no more. 1. Can grandfather property acquired through family settlement route? My father is only son and we are 2 children and mom is alive. Mom & brother signature are good enough for settlement or sister-in-law also signature required? 2. Second property belongs my father which is empty land in my father name. Can i do family settlement later stage after first one is completed?

Ever (Not known)     24 July 2017

Shortly i'll consult lawyer before that knowing for options Iam taking about 2 different properties, one is owned by grandfather and othet property belongs my father both of property are not ancestry. Also Both of them are no more. 1. Can grandfather property acquired through family settlement route? My father is only son and we are 2 children and mom is alive. Mom & brother signature are good enough for settlement or sister-in-law also signature required? 2. Second property belongs my father which is empty land in my father name. Can i do family settlement later stage after first one is completed?

Ever (Not known)     24 July 2017

Shortly i'll consult lawyer before that knowing for options Iam taking about 2 different properties, one is owned by grandfather and othet property belongs my father both of property are not ancestry. Also Both of them are no more. 1. Can grandfather property acquired through family settlement route? My father is only son and we are 2 children and mom is alive. Mom & brother signature are good enough for settlement or sister-in-law also signature required? 2. Second property belongs my father which is empty land in my father name. Can i do family settlement later stage after first one is completed?

Ever (Not known)     24 July 2017

Shortly i'll consult lawyer before that knowing for options Iam taking about 2 different properties, one is owned by grandfather and othet property belongs my father both of property are not ancestry. Also Both of them are no more. 1. Can grandfather property acquired through family settlement route? My father is only son and we are 2 children and mom is alive. Mom & brother signature are good enough for settlement or sister-in-law also signature required? 2. Second property belongs my father which is empty land in my father name. Can i do family settlement later stage after first one is completed?

G.L.N. Prasad (Retired employee.)     24 July 2017

When one post is enough, you have opened 5 posts, all Annonymous, though experts were unanimous that you have to consult the local advocate with available documents.

Property N0 1:  All legal heirs of your grand father are eligible for equal share.  It is better that there is an exclusive family settlement before Legal Services Authority, and that award should be Registered.  There can never be appeals in between the signatories in future in any court.  No body can challenge this compromise agreement in family settlement in future.

Property No.2. As informed by you, your mother and two brothers are legal heirs.  If your father is not having any other legal heirs including daughters, the same procedure as above can be applied, as it may not cost even a single rupee as expenses except a clever drafting by Advocate.  All properties should be disclosed for better understanding. Sister in law is not a legal heir of father in law's property, when her husband is alive.

Timing is left to your deision as it does not matter.  You can even combine both the properties as a single settlement deed if your grandfather is not having legal heirs.  

A clever advocate can beautifully combine both properties and can handle the matter with professional precision as drafting of such settlement deed is most crucial.  Involving Legal Services Authority through a pre litigation conciliation, helps you in avoiding further legal complications.

Kumar Doab (FIN)     25 July 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     25 July 2017

In case of Hindu male: The ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters  have 1st claim and equal share.

In case of Hindu Woman's self acquired/absolute property : The husband , sons, daughters  have 1st claim and equal share.

The property that devolves by inheritance is of nature self acquired.

Thus you can calculate share of each................

It is simple case of iheritance...

The family settlement of reasonable terms can be done...

 

 


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