SARAVANAN (SOFTWARE ENGG) 23 May 2009

Settlement Deed

Hi,

My grand mother made settlement deed to my father and expired 3 years before.While making settlement deed my grand mother did not intimate to any of her daughters.Even my father was not there at that time.

My father has 3 sisters.Now 2 of his sister are claiming for the property .Do they have rights ?

--> A land was already been sold for sisters marriage.
--> we were taking care of grandmothers entire life.(not even a week she used to stay with her daughters)
--> We have also invested money in the construction of the propety.
--> We used to pay tax.
--> I have also got education loan against the property and settled it recently.
--> More over at the time of her daughters marriage she got letter stating that they will not claim for the property.But right
now we dont have the possesion of the letter.

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5 Replies

A V Vishal (Advocate) 23 May 2009

Dear Saravanan,

You have not mentioned in your query whether the property is self acquired or family inheritance viz. ansectral property, incase, if the property is self acquired then the settlement deed is valid. In case, if the same is ansectral then your aunts too have a share in the same and you cannot deny their right.

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 23 May 2009

I agree with Mr. Vishal.

Swami Sadashiva Brahmendra Sar (Nil) 23 May 2009

i also agree

Saifullah.C (Advocate,Chennai) 23 May 2009

I have gone through your query, I agree with the opinions rendered by Ld brothers in addition the recitals in settlement deed has also to be scrutinised whether there is any whisper she has made about her daughters.

SARAVANAN (SOFTWARE ENGG) 25 May 2009

Hi All,

Thanks for qucik and valuable response...I got engaged wth my Marriage Work (on 27 th May)...thats y delay..

Vishal-->My grandpa bought one land on his name(which was already sold for daughters marriage) and another land on my grandma's name, using the dowry he got from my grandma's mother.(I hope it means my grandmas jewells).

Saifullah --> In the settlement deed ,It has been mentioned she has 3 daughter and 1 son(my father) with their name and age . and stated that "The Marriage of the daughters of the settlor has been performed by the settlor and they are well placed in their life.Hence, the settlor is not providing any share or right in the property mentioned hereunder to her daughters.".

Is the clauses are good enough ?