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Ramesh Kumar (consultant)     05 August 2021

Family property settlement done leaving out 1 brother

My friends' grandfather had bought land, which he willed to my friends father. His family was living in that piece of land (parents and 3 brothers). After his parents demise, the  2 brothers made a settlement amongst themselves leaving out my friend since he was abroad, and he didn't even know that such a settlement had been done because he is living abroad. 

  Can  my friend now file a claim in court for getting his share of the grandfather's land ? It has been 14 years since the property settlement happened.


Thanks in advance..


 5 Replies

Dr J C Vashista (Advocate)     06 August 2021

After mutation of will father of your friend became absolute owner of the property bequeathed by his father (grandfather of your friend). He may give to his other siblings or not is not being questioned or a matter of dispute.

However, your friend can get his share from portion/ share of intestate property devolved in favour of his father 

You have made the facts bit confusing and vague, therefore, he should consult a local prudent lawyer with relevant documents.

G.L.N. Prasad (Retired employee.)     06 August 2021

The facts are confusing.  When your grandfather has willed his self acquired property to your friend's father how does your friend's father can enter a sham document of settling that property absolutely belonging to their brother.  Contact a local advocate and help your friend after providing the clarifications to him.

Ramesh Kumar (consultant)     06 August 2021

Thank you Dr J.C. Vasishta for your reply. I wish to ask if in such a case where the grandfather willed the land to the father, who then died intestate, can the mother (wife of father) settle the land in anyway she likes, without giving a portion to one of the sons ?


Thanks in advance...

Shashikant V. Patil (Lawyer)     06 August 2021

Its a confusion, firstly you stated , after his parents demised, 2 brother made settlement and later you stated about mother can settle the land.  So after reading your second post, now mother and 03 sons are the legal heirs leaving behind after death of your friends father.  After his death, all four legal heirs now succeeded to the land .  This alleged settlement deed is illegal and not completed , valid in the absence of another heir who is in abroad and also mother. 

P. Venu (Advocate)     07 August 2021

The settlement is not binding on the third brother. He ca file a suit for partition with the other two brothers as defendants, seeking partition of the property left intestate on the demise of father. It may be left to the defendants to plead and prove the alleged settlement deed.

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