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nilanjana (n/a)     10 December 2013

Deed of settlements and claim

Father has made two sons trustees of house by deed of settlement ; father is dead; deed of settlement claims that trustees are free to discharge of property ... Father had 3 other sons... I want to buy the property... Will this be an issue- is there a solution?



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 2 Replies

GOPAL SHARMA (LAWYER)     10 December 2013

IF THE PROPERTY IS SELF ACQUIRED BY THE TRUSTEES FATHER THEY CAN DISPOSE OFF THE PROPERTY. IF THE PROPERTY IS ANCESTRAL THEN THEY CANNOT DISPOSE OFF THE PROPERTY WITHOUT THE CONSENT OF REST BROTHERS.

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nilanjana (n/a)     11 December 2013

Thank you. Property was acquired by grandfather and then passed onto only son - the father/ settlor of trustees. Does this make it ancestral?


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