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R.Ranganathan (Advocate)     10 July 2010

Settlement Deed

Settlement Deed executed in favour of a person with a contingent clause stating that the male children born to that person only will have right to sell or dispose of the property. But the settlee sold the property on behalf of his son in the year 1988 after plotting out the lands into House-sites. Now in 2010 the male children aged 32 years now, born to the settllee is objecting the said sale effected in 1988. Is the sale liable to be set aside. Do the present claimant has any right to the property sold by his father in 1988 after so many years.



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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 July 2010

even if son files suit for declaration to set the aside the sale he won't get success because time is already barred.

Karl Jacob (Partner/Advocate)     10 July 2010

The Objection is barred by time limitation.

Uma parameswaran (lawyer)     10 July 2010

Such conditions could not stand.


(Guest)

I agree with Mr.Karl Jacob.

1 Like

R.Ranganathan (Advocate)     14 July 2010

Thank you all for your opinions but now the son is threatening the individual owners of the land with legal notice and getting injunction/stay from courts through our own legal brethren. What remedy is available for the present plot/house owners who have already built their homes with loan and are in possession of the same. 


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