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Sri Vinayaga Perumal   23 June 2024

Query on dhana settlement

My mother in law’s paternal family was supposed to give dhana settlement of 10,000 square feet. In early 2000’s they gave dhana settlement of 5000 sqaure feet. My mother in law constructed a house (Bunglow) overlaying across the 10,000 sq.ft land as shown in the picture (in green color in the attached PDF). Now her family is ready to do dhana settlement of remaining 5000 sq.ft. the remaining 5000 sq.ft is in the name of her 2 brothers. One of the brothers is alive and the other passed away. The passed away brother has daughter who got married 3 years ago.

Can you please help in listing the steps to be taken to complete this dhana settlement? And do we need a surveyor to measure because the building is constructed now? What are the complexities involved?

Thanks in advance



Quick Summary
This discussion revolves around a query regarding the completion of a 'dhana settlement' for 5,000 sq ft of land. The original settlement was for 10,000 sq ft, with 5,000 sq ft already provided. The remaining land is in the names of two brothers, one of whom has passed away and has a married daughter. The user is seeking guidance on the necessary steps to complete the settlement for the remaining land, including whether a surveyor is required due to a house being built across the original plot and the complexities involved, especially concerning the deceased brother's legal heir.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 June 2024

The surviving brother along with the legal heirs of the deceased brother can jointly execute the registered shana settlement deed in favor of your mother in for remaining property 

Dr. J C Vashista (Advocate )     24 June 2024

What do you mean by the term "dhanna settlement" in English yas referred by you, since it is a local terminogy?

Sri Vinayaga Perumal   25 June 2024

Thanks a lot for the reply sir. The land is a gramma natham with no clear patta (though there are registered documents on respective parties). Is there any complication in getting patta for the land in the name of Mother In Law's brothers name as the house is already on that land as shown in my previous attachment?

And regarding Dhana settlement, whether it should be a sale deed for the portion of the legal hier of the deceased brother or can it be also considered for Dhana settlement?

T. Kalaiselvan, Advocate (Advocate)     27 June 2024

If the transferer has clear and marketable title to the property by a registered deed then it can be transferred to the person of choice by the legally valid mode of transfer. subsequent to which the transferee can get the mutation and revenue records transferred. 


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