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Mohammed   11 April 2020

Settlement & sale deed

whether Settlement n Sale deed is Null n Void, if a person settles his property ( acquired through Darkast Right Govt of Karnataka) to second wife and second wife sells the property to third party as per settlement deed do children from first wife entitled to right in property pls advice


Quick Summary
This discussion explores the validity of a settlement and sale deed concerning property acquired through Darkast Right in Karnataka. The core question is whether children from a first marriage are entitled to rights if their father settles self-acquired property on his second wife, who then sells it to a third party. The consensus suggests that if the property was self-acquired by the father, the second wife generally has the right to transfer it, and the sale to a third party would likely stand. However, if the property were ancestral, the situation could be different.

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 April 2020

Dear querist,

As per me in your case second wife has the right to trasnfer the property to any other third party as per her wish.

Regards,

 

Mohammed   11 April 2020

wat about if Settlement deed n Gift Deed pls advice

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 April 2020

You have not mentioned whether the proprty in the hands of the father of the children is self acquired or ancestral. If the sme was ancestral then the same can be got set side otherwise it can't be.

Mohammed   13 April 2020

property is self acquired, but now property is in hands of Third party as per sale deed

Mohammed   13 April 2020

property is self acquired, but now property is in hands of Third party as per sale deed

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