Family settlement deed&my right to claim due share in parental property.
Madhusudan Rao.
(Querist) 26 March 2012
This query is : Resolved
My father(Self)acquired land&built a house ad-measuring 3800 sft in about 302 sqy.The rear portion of the house has about 102 sq yards vacant land was given as a gift out of natural love and affection to me under under Notarized Family settlement deed(UN-registered)so far,where all siblings,their wives and sisters(one married,another spinster)along with my parents in 1998.I built a house in 1998 with my own finances and municipal plan,water and electricity connections ware given on my name.My father passed away in 2005,but has not executed any will or nominated any one as legal heir.
After the demise of my mother of my mother,all siblings started pestering,threatening me,saying unregistered family settlement deed is invalid and entire building(built by father and me in land given to me)should be distributed equally among all 6 siblings including me.
I was fed up with intimidation's and filed a partition suite,claiming my legitimate share in the building built by my late father,and got Validated the family settlement deed executed in my favor on 21-03-2012 by District Registrar of South zone,Hyderabad.
Now i need an expert's advise like,will i be eligible to 1)claim my share in building built by my father?
2)Enlighten me about the sanctity and legality of Validation of family settlement deed?
Regards,
Madhusudan Rap
Shonee Kapoor
(Expert) 26 March 2012
If the family settlement is registered, it is a valid document to which no one can put any doubt.
However, if it is invalid also, the long time they have not raised the query means that the same has to be declared valid by the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 26 March 2012
A gift cannot be revoked. Gift can be even oral. You father gifted a property in the presence of all family members, you accepted it and further raised construction over that property. None has any share therein and you are its exclusive owner.
Madhusudan Rao.
(Querist) 27 March 2012
Dear eminent legal experts,
Thanks one and all for clarifying my doubts.
But my question related to my legitimate share claim in the building built by my late father sirs.Kindly enlighten me.
Thanking again
Madhusudan Rao
Shonee Kapoor
(Expert) 28 March 2012
That would remain, but if the family settlement mentions that it has been revoked in lieu of this gift to you, then you would have to abide by that settlement only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Madhusudan Rao.
(Querist) 28 March 2012
Sirs,
Thanks one and all.My parents have No where mentioned that i will not be entitled for due share in the family settlement deed,therefore,i appealed in Senior judge's court for a partition suit.
Also kindly enlighten,under which circumstances,
Regards,
Madhusudan Rao.
Madhusudan Rao.
(Querist) 28 March 2012
Sirs,
Thanks one and all,my parents have not mentioned that,i will not be entitled for a sue share in lieu of the gift,in Family settlement deed,therefore i filed a partition suit in Senior Judge's court.
Kindly enlighten me,under which circumstances,a person can approach SHRC(State Human Rights Commission)?What are it's powers and jurisdictions and which type of grievances it entertains?
Shonee Kapoor
(Expert) 30 March 2012
Then let the court decide/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Madhusudan Rao.
(Querist) 03 April 2012
Dear sirs,
In continuation to my queries about Family Settlement deed,i also wish to know that,whether any slips,notes or rough scribbling on piece of papers by my late mother mentioning due share distribution to siblings at her whims and fancies( My late Father has not executed any will favoring any)in the main building is valid in court of law or not?
Madhusudan Rao.
(Querist) 04 April 2012
Dear sirs,
In continuation to my queries about Family Settlement deed,i also wish to know that,whether any slips,notes or rough scribbling on piece of papers by my late mother mentioning due share distribution to siblings at her whims and fancies( My late Father has not executed any will favoring any)in the main building,under such conditions,any slip written by my mother is is valid in court of law or not?
Kindly clarify asap
Madhusudan Rao.
(Querist) 21 June 2012
My father during his life time executed a notarized family settlement deed in my favor about 102 sq.y in 21-03-1995 duly signed by all siblings,sisters-in-law and i built a house in 1998 after obtaining municipal permission,water and electricity on the merit of deed and lived few years.My father and mother passed away in 2004&2010.
later i filed a partition suit claiming my legitimate share in balance of property as the deed never mentioned any clause that am not entitled in balance portion in lieu of deed .
My siblings have filed a fabricated as third counter back dating a forged document with my late father's signature,where my affidavit back dating forging my late father's signature,where my mother was alive until June 2010.
Now kindly learned advocates clarify me,am i entitled for share in balance property,will i win case pending in court and take possession of my own house which was locked by siblings in Jan'2012.
