Undivided immovable property

shyam lal (Querist) 09 May 2024 This query is : Resolved
:One of the beneficiaries of a unregistered family settlement where it is mentioned that the shares of the undivided property is to divided in to 25 percentage each. Has said after signing the MoU of family settlement unregistered that my son would take decision regarding the partion of immovable property.

Query.. Can any one not mentioned in the family settlement legally dictate terms and be binding on rest of other share holders.

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A family settlement agreement was reached regarding undivided property, stipulating 25% shares for beneficiaries. However, one beneficiary later stated their son would decide on the property partition. The core question is whether an individual not mentioned in the original, unregistered settlement can legally impose terms on other shareholders. The consensus is that while the family settlement itself is valid if agreed upon by all members, outsiders should not be permitted to dictate terms.

T. Kalaiselvan, Advocate (Expert) 09 May 2024
This memorandum of family settlement has been arrived among the members of the family after proper discussion among themselves into the modalities and the conditions therein, therefore if it has the approval of the members to the MOU, then there can be no infirmity in it, however it should be ensured that no outsider of the family is allowed to dictate any terms in this arrangement

shyam lal (Querist) 10 May 2024
Thanks answer to query well understood

T. Kalaiselvan, Advocate (Expert) 10 May 2024
You are welcome for your understanding

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