Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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SANKARPRASAD (MNGR)     06 May 2015

Ancestors property.

A woman(A) got some house as a property ftrom her mother in law(B) in 1970s through settlement deed. Her mother in law(B) got this same property from her husbanf(C). Bothe Mother in law(B) and Her Husband(C) are not alive. The main conditions in that settlement deed is :(1) A can enjoy the proprerty asshe likes ( sale, lease and all others) -- apart of the above statement one more point(2) mentioned in that settlement deed is ..... Right from ther day of registration A and her children have all rights to sale, lease and all others. Both points wete mentioned in that Deed very clearly.   As per the Point No.2 all the children of A have rights . But as per point 1 A alone have full rights. Now A awnts to sell soem portion of property on her own. Her argument is She is the only woman had complete rights on this property. A had four daughters and on e Son. Son recently passed away. But This son had a daughter( married). Who are the right holders in this property? Can A sale this property on her own?. Looking for your cooperation. 


 1 Replies

bsrao   07 May 2015

Property bequeathed by settlement is ranked as self acquired. A can do whatever she wants to do with her property if the settlement has named her only. Passing references without names cannot be considered as title to property. A, alone, has full rights.

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