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rajkumar (Student)     22 April 2009

sale vs family settlement

Dear friends,

Mr. X has 3 son A, B and C. Mr X has transfered a property(land) to his wife Mrs. X on 01.01.95 through family settlement where no revocable clause was there. Then Mr. X has sold the same property to his son A (1st family settlement was unknown to him). then after few days Mr.X & Mrs. X togherly transfered 1/2 of the same property to their son B & rest to C through family settlement. hence who will be the  actual owner of the property? Please give reference with answer. Thanking you.





 6 Replies

DEVENDRA (LAWYER)     23 April 2009


rajkumar (Student)     23 April 2009

property was acquired by Mr. X himself and not ancestral.

Y V Vishweshwar Rao (Advocate )     23 April 2009

The Property is Self Acquired proerty of X

1        X Transfered land  to his  Wife - Wife  Acquired tille - X  now has norights  

2 X Transfered same proerty to A (with out referecne to transfer to hsi wife )- A has no rights & no title , as the X was not having any rights to transfer the proerty , it is already transfered to his  wife

3 X and hsi wife Transferred proerty to B- X and his  wife transferred half proerty to B - B will get rights  

4- X and his  wife Transferred proerty to C- X and hsi wife transferred half proerty to C - C will get rights in half proerty 

 You have to give clear details in the query to be considered and  to give reply

with regards !


sanjay singh thakur (advocate)     23 April 2009

Dear Rajkumar

I agree with Mr. Rao.

rajkumar (Student)     24 April 2009

Dear Sir,

In the 1st transfer by Mr. X to Mrs. X, it was mentioned in the deed that so long Mr. X will survive, Mrs X will be paying rent (khajna) to him, take care of him and shall not have the right to sell or transfer and after his demise, she shall have all the rights to do what she wants. Hence in this circumstances, is the property transfereable  during the survival of Mr. X in anyway?  And if yes, then under what provision? 

Gagan Gupta (Advocate)     26 April 2009

Raj Kumar

Family settlement may be binding according to SC, but in that every member of family is considered.

1. So Mr. X Transeferd property to his wife is not binding family settlement.

2. It being agreement without conideration is void so on this account there is no transfer.

3. U subsequently disclosd that this is a contingent transfer to be affcted on death so it is a will only which could be revoked any time.

4. Mr x sold it to bonafide purchaser. his rights are supreme. so A has better chance to propery.

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