Property matter

Querist : Anonymous (Querist) 10 May 2021 This query is : Resolved
Settlement deed of probate petition filed by A
House was partitioned by high court decree and Testatrix, A and B were allotted 1/3rd share each in the house.
Testatrix had executed a valid registered Will making A beneficiary of her one-third share in the house property. After testatrix died A filed a probate petition. B is willing to give a no objection to the said registered Will.
Settlement deed clauses to the probate petition filed by A
I of my own due to my love and affection for you, I say -
1. that whenever full house is sold A will make 4% extra payment to B of value of one third share in the house property allotted to him long time back in partition of the said house.
2.That B will not go for specific performance and demand for selling the house.
3. It is made clear that 4 % to be given as mentioned above if full house is ever sold(or may write if house is sold within 50 years) as aforesaid mentioned does not mean that B will have ownership rights in Testatrix share in the house.
4.I do not want to sell the house, can B file a application in court that A is not selling the house and not giving my 4%.
B says he will accept the above clauses. Kindly answer para 1 to 4, (Answer parawise.) Some of the clauses of settlement deed are written above. Are the clauses valid, Any citation

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Quick Summary

This discussion concerns a probate petition filed by A for a one-third share of a house inherited via a registered Will. A settlement deed proposes that A will pay B an extra 4% of the value of B's original share if the entire house is sold. The clauses clarify that this payment does not grant B ownership rights in the Testatrix's share and that B cannot force a sale to claim the 4% if A does not wish to sell. The validity of these clauses is questioned, with advice suggesting consultation with a local lawyer due to the complexity and vagueness of the presented facts.

Dr J C Vashista (Expert) 12 May 2021
Be brief and specific if you want obligation of experts.
Otherwise, it is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Expert) 12 May 2021
Consult local lawyer and seek remedy

Message likes : 1 times

T. Kalaiselvan, Advocate (Expert) 12 May 2021
Your query is confusing.
You should be more clear in what opinion you are seeking here.
If you want any citation then you may have to approach your lawyer who will help you to procure one based on the prevailing circumstances at your end.
Hence you better discuss with your advocate and revert to this forum if you have any other doubts or if your particular doubt has not been cleared.

P. Venu (Expert) 15 May 2021
Yes, the facts posted are vague and disjointed. And it is also not clear why there could be settlement deed along with the probate petition.

Any how, once the issues are settled before, law does not permit further action unless the settlement is vitiated by fraud or misrepresentation.

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