GSankarraman 23 December 2021

Settlement and share of property

I settled my housing property in favour of my brother. Since, now I am in need of some property security, can it be partitioned through a deed, similar to settlement deed.

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Quick Summary

If you've previously settled your property in favour of your brother and now require security, you may be able to partition it. This can be achieved through a registered partition deed, provided both you and your brother agree. Alternatively, a partition suit can be filed, but you'll need to provide sufficient proof of your need for funds at the time of the original settlement, not just a general claim. The court requires genuine consent, free from fraud or coercion.

2 Replies

Advocate Bhartesh goyal (advocate) 23 December 2021

Yes,if you and your brother are agree for partition of properties then it can be done through registered partition deed.

Anaita Vas 23 December 2021

A suit for partition can be filed however there has to be sufficient proof that you are in need of money at the time of signing the deed and it is not a mere saying. The courts these days are coming down heavily on false claims in suits on oath.

You can apply for partition if the consent of your brother is obtained under normal circumstances and not under fraud or coercion. If your brother agrees for a partition deed, you can go ahead and file one.

Regards,

Anaita Vas