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aagrawal   30 May 2015

Settlement deed validity

My husband was 2nd of the three brothers. 

Days before he passed away, he was suffering from depression. At that time, he had signed a deed saying: 

Elder brother got a 3 storied building near to the market. In exchange he gave up his rights in other ancestral property. He is also agreed to move his business to the ground floor of this building. 

Younger brother got 50% of the shop and at our house.

My husband got 50% of the shop and 2000sqft at the top floor of the shop as a place to live. 

After his death, the elder brother said as it was never clarified that 50% of the shop belonged to my father only, he also should get 50% of it. So at the end, we got only 25% of the shop. Elder brother took 25% of the shop + 3 storied building.

The 3 storied building belonged to my father-in-law. The shop and house were actually part of an ancestral property shared with other relatives which was not divided ie there was no partition deed earmarking our share in those properties.

Elder brother has then proceeded to change the owner of the 3 storied building to his wife via a gift deed.

Now all other relatives want a division of house and shop property. It is only in this division the earmarking of house and shop will be done. It will finally clarify of what 25% in shop building we got and if we even got 2000sqft. 

As part of this, the first settlement deed drawn up has been of the house property. I am being forced to accept a smaller part which the younger brother says doesn't qualify me to 2000sqft in "exchange". While he is happy with the "given up" part of the elder brother. 

So I had a doubt - Can someone really agree to a division of their father's property if that really is a joint ancestral property. shouldn't the process be to get the ancestral property divided and settled with other relatives as to what their father owned and then divide? In which case how legal is elder brother's task of registering house in his wife's name? 

Please help cause I am getting threats to take a smaller piece and give up even the 25% in the shop. 



Learning

 6 Replies

saravanan s (legal advisor)     30 May 2015

you had said that the three storeyed building belongs to your fil.did he write a will ?.if so what were the contents?or did he die intestate

as far as ancestral property is concerned your husband can only will or gift his share alone in the ancestral property and not the entire ancestral property.if he had done so the other relatives whoever has a share in the ancestral property is eligible to file case as to declare the transfer of property illegal.

1 Like

aagrawal   31 May 2015

My fil did not have any will. 

 

The document says my husband gave away his share in exchange of 2000 sqft at the top. To make it much more clearer:

3 storeyed building = my fil

 

House building = fil and his 2 brothers joint property

 

Shop building = fil and his 2 brothers joint property

 

With the division initiated by elder brother:

3 storeyed building = elder brother who wrote that he gave up fil share in house and shop building

 

House building = younger brother got my fil ancestral share with my husband and elder brother writing saying they give up their share in this building

 

Shop building = 50% younger brother, 50% my husband of our share in joint property + 2000 sqft at top floor 

Elder brother later said document says 50% given to younger brother but doesn't say 50% given to my husband, hence he also will take share from the remaining 50. hence, 

Shop building = 50% younger brother, 25% my husband and 25% to elder brother of our share in joint property + 2000 sqft at top floor 

 

After sometime, elder brother transferred the three storeyed building to is wife

 

Now relatives want to divide house property. So it got divided to 3 parts and we got 33% of it. So three of us should get 11% each. Elder brother already said he doesn't want his 11% as he is happy with the three storeyed house. Younger brother is saying he owns all 33% owing to the agreement. But he wants me to vacate the 2000sqft house because it is not of same value as 11% my husband has given up and he feels cheated. He is asking us to move to a smaller place in the same building.

 

So my question is: was the agreement of 33% before the actual 33% has materialised valid, if not unfair? This is making younger brother question if my husband had given him 11% in equal value to take the 2000sqft

 

Similarily, what happens if someday shop building gets divided and I don't get the mentioned 2000 sqft ? Cause again this problem has occured because of assuming the 33% when the 33% had not materialised. will the transfer of 3 storeyed building to elder brother's wife still be valid

 

Please help as I don't know much law and both brothers are trying to take advantage of me becaus my husband has passed away.

saravanan s (legal advisor)     31 May 2015

since your fil had died intestate the property would devolve in equal shares over his mother (if alive), wife and children.the three brothers had made a family settlement among themselves.but they can do it over the three storeyed building alone and not the house and shop which is ancestral in nature.if at all they had partitioned it among themselves they can only do it on the share of their father in the ancestral property alone

1 Like

aagrawal   31 May 2015

So the previous settlement between my husband and his brothers is invalid. 

saravanan s (legal advisor)     31 May 2015

the settlement where the ancestral property had been involved is not valid,but its better to show the documents and discuss with a lawyer to get a clear picture

T. Kalaiselvan, Advocate (Advocate)     06 June 2015

From your lengthy statements it can  be understood  that your father in law died without making  any will towards his share in the ancestral property which was later inherited by his children.Your husband also did not do anything properly as per legal  terms because legally he is not having marketable  title to the entire property therefore he cannot execute any document pertaining to the entire property in anyone's favor and there also, it can be challenged as invalid. Your father's elder brother also cannot take away the entire property on his ow without properly  distributing  his brothers share to them, his act of executing a gift deed on entire property to his wife  is also invalid because his children have a right to share  in his share of ancestral property.

A local lawyer  on verifying  the entire documents and  situations can be able to guide you more properly based on the eventful facts as well.


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