Upgrad LLM

property right


Hi Lawyers,

My father obtained a peice of land from his mother as per her will. The land was originally registered in her name as per the land registry act and occupancy certificate given. On her death and as per her will my father became an absolute owner of the property. I (youngest son) was always given an impression that this land will be equally divided amongst us and I was told of a will which my mother would execute after my fathers death. My father passed away a couple of years ago and now on enquiring I find that the registered will was cancelled using a deed of cancellation while my father was alive and registered with the sub registrar. In lieu of the will, a settlement deed is executed in favour of my sister. No where in the settlement deed is anything mentioned about me. When I asked my sister for my share I was refused my share and also that I have no right on this property. All the land records show that the property is in the name of my sister and no where is my name mentioned. I have the following questions.

Is this property ancestral.

Do i have a right on this property being the son

What is the way to get my share in this property.

Can I chalange this settlement deed.

 
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Beast,

Ans to Q-1)   Since ur grand mother had bequeated the property to ur father , it is his self aquired property.

Ans to Q-2)  U donot have any pre existing right in the property. But as an heir u have provided that the deed of settlement is held as void by competent court.

Ans toQ-3) Yes u can challenge but it all depends on the facts and circumstance prevailing on execution settlement deed.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Endorsing the opinion of expert as above, I retiterate that it was your father's self acquired property which could have been disposed off by him in any manner (will/gift/sale or family settlement). In law everything and anything can be challenged - how sustainable and valid that challenge would be, has to be decided on the basis of facts and circumstances. Consult a local property lawyer.

 

Best,


Bharat Chugh - Advocate Supreme Court of India

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