Settlement has a will with daughter on land, shall i buy?
R KALIMUTHU
(Querist) 25 November 2017
This query is : Resolved
Sir, Husband made a settlement of property to wife in 2012. He cancelled the settlement in 2014 due to misunderstanding with wife. But wife made a settlement of the land to her daughter in 2014 stating that both mother and daughter can use the property together and after my death only the property will be full right to daughter. Meanwhile Husband and wife applied for a divorce and got separated Sep 2015 with a judgment stating that husband understand that property has been given to daughter. Husband agreed. Judgment first statement is mother has no right to ask for the property and also husband . But final sentence says that this property was given to Daughter and wife based on children good will purpose only. Judgment itself some contradiction is there.
My lawer says, settlement means there should not be a will. So this property can not be sale until mother death. Only After death of mother/wife, the property belongs to daughter.
My question is, shall I buy this property.? Will there be any encumbrance after some years by the above people i.e. mother or daughter.?
I am expecting answers please.
Regarding
r.kalimuthu
Ms.Usha Kapoor
(Expert) 27 November 2017
I'd advice you not to buy the property which is encumbered or charged with their onlydaughter's rights of the property after the demise of her mother.Or before buying you get a registered relinquishment deed from the daughter that she doesn't have any right,title or interest in the property question and if she has any rights in question to the property she is releasing the property rights in favour of the buyer.
Ms.Usha Kapoor
(Expert) 27 November 2017
If you appreciate my answer please give me likes.
P. Venu
(Expert) 27 November 2017
The facts, as stated, lacks clarity.
Dr J C Vashista
(Expert) 28 November 2017
Some impersonating expert is waiting to collect and accumulate another "dislike" from the author, which I am sure the "ungrateful" person shall NOT oblige.
