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NAGS   06 March 2019

How to strengthen settlement deed

A property in Kolathur. It belongs to grand father.  He is survived by his wife & daughter. Daugther is widow and has four daugthers. He got this property through gift deed from his mother who has put life interest to him.Three years before grand father gave settlement to his second grand daughter out of love and affection. His daugther has signed witness for the deed.

Now the other three sisters want share in this property. So she is giving money consideration to them and wants to get a deed executed. Can she execute another deed for an already settled property. If so what is the deed to be executed?



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 8 Replies

Shashi Dhara   07 March 2019

She has to execute release deed that in future she or her heirs has no rights over released property.

NAGS   07 March 2019

Thanks Mr Sashi for your advice. So, we have to prepare another Release deed with Mother and other three daugthers that they have no rights in future for the settled property. Is my understanding correct?

Shashi Dhara   07 March 2019

Yes Ur correct but it must be registered

NAGS   07 March 2019

Thanks a lot for your advice Mr Shashi

P. Venu (Advocate)     07 March 2019

From the facts stated, the property is absolutely vested with the second daughter, if the deed was properly executed and the donee has accepted the gift. 

NAGS   08 March 2019

Thanks Mr Venu for your comments. Yes, we have made a settlement deed from Grand father to Grand daughter (second grand daughther) and the deed was witnessed by the mother. The settlement deed was properly registered in the Registrar office and EC was confirmed flowing from Grand father to the Grand daugther. However, the other 3 grand daughters are not aware of this settlement. This happened 4 years before with all Revenue records changed to her name. Now, to avoid any future disputes, we are planning to get Release from all the other 3 grand daugthers. What is the deed to be executed in this case is the query? Will wait for your valuable advice.

P. Venu (Advocate)     08 March 2019

In my understanding, the property belonged to the grandfather and during his life, he could convey it to anyone at his discretion; the legal heirs have only a prospective right in the property left intestate after his lifetime. Now that he has conveyed the property to the second granddaughter, she is the absolute owner; others, her mother and siblings included,  have or  can claim no right share in the property. Of course, the second granddaughter, as the absolute owner can convey it to anyone at her discretion.

NAGS   09 March 2019

Thanks for your valuable time and views Mr Venu


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