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suresh (designer)     24 January 2011

Family settlement deed

Me and my brother are the legal heirs of my father.My mother is no more.He is around 60 years of age.Due to family issues there is no relationship with my brother.My father wants to settle his Self acquired property in my name through Family settlement deed.He has already sold a property in my mother's name and has given the entire proceeds to my younger brother.But there is no proof of payment in this case.This property will be mortgaged after settlement and an amount will be given to my father.Is it possible to settle the property in my name even though there are 2 legal heirs.My brother will not sign any deed to relinquish his share.

I need advice if this settlement deed can be challenged later by my brother.what should be written in the settlement deed so that in future it cannot be challenged.
Please i need advice to proceed.



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 2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     24 January 2011

Dear Querist,

 

Ever since your mother's demise, you and your brother becomes legal heirs of your father only after his lifetime. Your father is entitled to transfer his interest in his self-acquired property in your name through many ways. It is possible, if your father so desires, to transfer the said property in your name no matter of what or how many LRs are there. Your father may also do so by executing a relinquishment deed or by family settlement ways as well.

It appears from the fact that there is less likely that there would be any problem even if challenged.

 

You are advised to seek legal advice from your local legal consultant showing ll papers.
 

PS Dviwedi (DGM & Head of Law Deptt)     24 January 2011

Dear Suresh

It would be more  appropriate to get the issues relating to property & proceeds settled between both brothers during father's life time to reduce chances of future litigation in cool calm environment amicably with trust & confidence.  PS Dviwedi              law officer 


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