Settlement deed

KANNAN (Querist) 29 April 2023 This query is : Resolved
My father bought one land and written on MY Mom Name in 1969. My Dad got patta too. Now when my MOM is trying to do settlement Deed on my name , in EC someone had put one forged entry as if my MOM sold some PersonB.

Lawyer is still saying we can go with settlement Deed. Is that the right way or legally allowed by Sub REgister on settlement Deed?
Thanks for helping on this question in advance

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Quick Summary

A user is asking if their mother can execute a settlement deed to transfer land to them, even though a forged entry in the EC suggests the property was sold to someone else. Legal advice suggests that if the mother is the absolute owner, she can proceed with the settlement deed. However, it's recommended to consult a local lawyer to address the forged entry, potentially by challenging it or filing a case to cancel the fraudulent document before proceeding with the gift.

T. Kalaiselvan, Advocate (Expert) 29 April 2023
If this property is lying on your mother's name and it is un her possession and enjoyment. then she can very well transfer it to your name by a registered settlement deed.
There's no legal impediment in it.
If the stranger is filing any suit against you then you can challenge the same properly and get it dismissed.

Advocate Bhartesh goyal (Expert) 29 April 2023
Yes, your mother can transfer the property to you if she is absolute owner of property.

kavksatyanarayana (Expert) 29 April 2023
Did you find any document number and the name of the seller and the buyer in EC. If you find it applies to a copy of that document, and such a transfer was made, then file a case to cancel the fraudulent document. After that, your mother gifts you the property which is the best.

Dr J C Vashista (Expert) 30 April 2023
Show relevant title documents in favour of your MOM (which I could not make out who is s/he) to a local prudent lawyer for proper appreciation, professional advise and necessary proceeding.
What is relevancy / nexus of "patta" stated to be held with your "DAD" ?
What type of "settlement" is being proposed by your "MOM" ?
Where and what type of EC entry is observed by whom ?
Your "MOM" has stated to have offered subject property to a stranger namely "B", which make the facts as hypothetical and not real one, isn't it ?
Various subjects / topics vis-a-vis queries have been included in the facts posted, which make it a fabricated story.
Consult a local lawyer, if it is a true story.

P. Venu (Expert) 01 May 2023
How you have known that "in EC someone had put one forged entry as if my MOM sold some PersonB."? Who is this person B?

It appears that you have posted only selected or convenient than the relevant material facts.

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