Settlement deed

If the property of father is his woned property then he has choice to distribute that at his willl.

If the setllement deed is there and the daughter says she has not signed on it that is not important; the statement in deed that the property shall go to three sons after his death maounts to will and that shall prevail.

However if you suspect the genuiness of deed then you have to prove it is fake by challenging it otherwise forget the share.

Contact a local advocate, with copy of such deed and discuss with him the possibilities as several facts as to the nature of acquiring property, date of death of father etc., are important.

Originally posted by : haridevsharma
	Mr. X has 1 daughter and 3 sons.  Mr. X has written and registered a settlement deed that states the property will go to his 3 sons post his death and the daughter wasn't aware of this settlement deed until Mr. X's death. The daughter hasn't signed on the settlement deed too Is the daughter legally liable to get a share? Can the daughter file a case? Your help would be appreciated

INTROSPECT ON THIS:
1. A "Family Settlement Deed" (FSD) relating to existing family properties, is a document that is executed by taking into consideration of all the Family Members (including the daughters) by Mutual Consent and with "JOINT SIGNATURES".   Anything adverse or contrary or discriminatory to this, renders the FSD as "null & void ab initio", for all legal purposes.

2. FSD is effective immediately (like /akin to a Gift Deed) and NOT prospectively and NOT AFTER demise of  some/all parties to the FSD.

3.  FSD  "CANNOT" be legally construed as a WILL of deceased, wherein the FSD says that "property will go to sons, after my demise ....".  Here, apathetically & legally, the FSD was colored as WILL of the property owner (deceased), to be effective after his demise, which is legally not tenable.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

@Hemant Agarwal

What is your verdict, your answer to the query?

In my understanding, the father could settle the property at his discretion during his lifetime, if the said property was self acquired. As such, the daughter has no cause for any action. 

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	What is your verdict, your answer to the query?

RE-READ point no. 3 of my reply, this time more "S-L-O-W-L-Y".
I have already given my conclusion, from a twisted legal perspective.

Since you are more senior than me, by age, qualification, experience, knowledge, wealth .... You can pronounce your verdict .... (and I won't argu or appeal on that .... )

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

It appears to me that the arguement of Advocate Venu appears to favour the sons and that of Advocate Hemani Agarwal, the daughter, in the given situation.  Am I right?

The question here is whether the so called settlement can be treated as a will. What are the requirements of a will? Does the deed of settlement lack in any of them? Can any of the eminent lawyers here explain?

1.  Settlement Deed is an Agreement (contract) between more than 2 persons.  Settlement Deed is NOT a WILL document.  To be put into action immediately, maybe while life sustains.

2.  A Will is a testamentary document and last wishes of the testator. NOBODY else agrees /disagrees nor there are other parties involved (except 2 witnesses). To be put into action AFTER the testator's demise.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	It appears to me that the arguement of Advocate Venu appears to favour the sons and that of Advocate Hemani Agarwal, the daughter, in the given situation.  Am I right?

Lawyers perspective DEPENDS on who is the Client. Different for the Sons and Different for the Daughters !!!!

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com