Needed drfat settlement Deed.
Querist :
Anonymous
(Querist) 07 December 2010
This query is : Resolved
8. Dear Members My father has two brothers and two sisters. My grandparents were died in the year 1980 leaving beyond ancestral property of 3 acre 20 guntas by various survey nos. All are got married, thereafter in 1995 my father and other two brothers executed registered partition deed and shared equally 3 acre between three brothers, leaving 20 guntas. The female did not get any share in 3 acre also did not mention their names in the partition deed and did not sign witness signature at least. Subsequently after came to know the Hindu Succession (Amendment) Act-2005 and Karnataka High Court Judgment. The females threatened their brothers to file partition suit in the Court of law. In order to avoid litigation 3 brothers have decided to give and share 20 guntas between two females and females have also agreed for it. I now request our learned members what kind of DEED can execute between these brothers and sisters with taking consideration of registered partition Deed. The Property is located in prima place of Bangalore.
Can we execute settlement Deed and register it?
Can we execute release Deed and register? OR
Any other Deeds?
I should be great full if any members attached the template for this.
adv. rajeev ( rajoo )
(Expert) 07 December 2010
Partition is already taken place between the brothers, so the best way is to go for suit for general partition and seperate possession by the sisters. In the suit matter can be compromised and sisters will get a court decree.
Querist :
Anonymous
(Querist) 08 December 2010
Dear Rejeev thanks a lot for your valid advise.
Sir we dont want to go to the Court bcz it takes long procedure to settle and lots of fain have to pay.
Our intention is that to divide or share 20 guntas between 2 sisters and to execute settlement cum compromise Deed and get it register.
Will there any adverse to us to execute settlement Deed?
Can sisters or their legal heirs file a partition suit in future against this settlement deed?
Please advise me other way expect referring to the Court. We will take risk?
Please attach format of settlement Deed bez it would great full if you do so.
