Property Advice (private employee) 27 January 2012

Will deed vs settlement deed

My father has got an immovable property which is self-acquired at hyderabad. My father has married my mother after the death of his first wife. Through his first wife he got two daughters who are married in 1970's and both of them got a son&daughter who are also married. Through my mother we(Myself,sister) were born.

Both the brother-in-law's are disputing hard with my father for their share though his intention is to entitle exclusive rights to me for this property.

I am clueless how to settle this dispute down at my father's discretion..

1) What could be the best way to get the property - Will/Settlement/Gift..any other? with less expenditure and nolitigations whatsoever from my brother-in-law's.

Any helpful thoughts are really appreciated.

Thanks in Advance!!!!

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7 Replies

Arvind Singh Chauhan (advocate) 27 January 2012

Gift is the proper way, in this case.

1 Like

Property Advice (private employee) 27 January 2012

Thanks a lot for the quick reply aravind!!!!!

Just to mention, When I took advice of my friend's family lawyer he was suggesting to do a seetlement deed.

Would you mention a few major pro's and con's comparing Settlement and will....Like financial, legal..etc factors

Thanks in Advance!!

Waiting for you reply!!

sridhar pasumarthy (ADVOCATE) 27 January 2012

Dear Pavan,

Will can be altered or cancelled by the testator/executor at any time during his lifetime.

Whereas once a settlement deed is executed and registered, the executor cannot cancel it unilaterally.

So better to obtain a settlement deed rather than a Will.

1 Like

Property Advice (private employee) 04 February 2012

Thanks all for the valuable inputs as such I enquired in STO for the gift deed chargeble at 3% of valuation which is coming around 3L is way too expensive for me to get it done with the less income I have.

And coming to my father is aged 85 in his last years of life , his intention is totally inclined towards me and positively he will never revoke the will once executed.

The context disputes between my father and brother-in-law's regarding disposition was during my father's first wife life with her support and since 5 years no disputes as such, they are just keeping fingers crossed for their share.

So, I would to lure the knowledge/advice of all experienced lawyers here in case of disposition of immovable property through will deed.

My questions relating to the will deed are

1) In my family case mentioned above who all will be the legal heirs.

2) Do you think will is trusted means having assumed that it will never be revoked during his lifetime.

3) As the immovable property is self acquired and will be vested in my name, what will be the chances of court taking into consideration the arguements by brother-in-law's to prove it wrong for their share.

4) If they can challenge what precautions I can take to be on safe side.

5) Is there any possibility to issue orders to vacate property where I am staying with my father until the judgement come?

I am very glad to any reply of your opinions with your experiences which may provide some insight.

Thanks a ton in Advance!

Property Advice (private employee) 05 February 2012

Any insights please!!!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 05 February 2012

Form a private trust of the property.

Property Advice (private employee) 27 March 2012

Hello JSDN,

Sorry for the delayed reply!!! I am novice to legal terms. Could you please answer below questions.

1) Private trust is an organization or an Advocate or anyother. Please name a few.

2) Can I be a beneficiary as well as Trustee?

3) If Trust deed is based on Will deed for an immovable property to my name, will the mutation be done smoothly even in case of disputes? what could be the expenditures I may need to incur?

Please advise!!!

Any valuable inputs are highly appreciated!!!!

Ravi