settlement Deed
B.jeyanthan
(Querist) 01 November 2010
This query is : Resolved
One grandma having 4 sons and 3 duaghters ( Muslims)
Her husband had expired in 2000.
when her husband was alive he bought a house in her (grandma) name & registered it.
In 2009 nine , her third son took his mother to registrar office & got transfered the house by a stttlement deed registerd in his name.
( Actually the mother was told that he is taking only the power to deal with the property as other children are insisting for separation.)
with in a month he( Son ) transfered the said property to his wife (D in law) name by another seettlemend Deed
When this come to the knowledge of the grandma she went to Registrar office & cancelled seetlement deed signed by her to son.
Now the seetlement given by her son to his wife (daugher in law ) is still in force.
Whether a person got a seetlement deed in his favour can make it again to another person with in a month or not ?
Second question: When the first seetment is made cancelled, Will it make the second seetlement automatically cancelled or not?
Kindly advice?
adv. rajeev ( rajoo )
(Expert) 01 November 2010
In Mohd., law there is no ancestral property concept. Any property if inherited it becomes his/her absolute property. In your case the property is in the name of grandmother, she can dispose the property according to her will and wish. When there is a settlement deed in favour the third son he is the absolute owner.
If you want to challenge it you have to file a suit for partition and seperate possession of your share contending that property was purchased by your grand father, but heavey burden lies on the person to prove that grand mother had no income and it was purchased by grand father.
s.subramanian
(Expert) 01 November 2010
I disagree. A muslim cannot gift anything in excess of one-third of her property to anyone. Hence the settlement is valid only to the extent of one third share of her property. Even that settlement deed having been taken under misrepresentation and undue influence,you can file a suit challenging the same as null,void and illegal.
Devajyoti Barman
(Expert) 01 November 2010
Yes but the muslin can execute any heba nama for ore than 1/3rd share with the consent of other legal heirs.
Sri Vijayan.A
(Expert) 03 November 2010
I agree with Mr.Barman.
In this circumstance, challenge the deed.
M V Gupta
(Expert) 04 November 2010
Not clear how the grandmother had cancelled the settlement deed which has already been registered, by approaching the Registrar's office. Grandmother may have to file a suit for annulment of the deed registered by her.
Khaleel Ahmed Mohammed
(Expert) 07 November 2010
I disagree with Mr.Berman.
Any muslim can give his property through Hiba infavor of the heirs totally,but a muslim can not give his property in hiba to non heir totally,hiba can be made to the extent of one third of the total property infavor of non heir.In reply to the query,The son of the grand mother cheated her to execute settlement deed in his favor.The act of the son is penal offence.The cancellation of the settlement deed by grand mother is absolutely right. Automatically second settlement deed infavor of the wife of the son stands cancelled .
