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pratimasingh   19 March 2015

Settlement deed

We are a Hindu family comprising mother, three sisters and one brother all settled at different places in India. I am the eldest among the sisters. Our father had acquired a plot and constructed a house on it. He died in the year 1995 without writing a will. After he expired, the property was transferred in the name of my mother. My mother now wants to divide the property, i.e. the plot with old structure on it, into 5 parts (mother, brother and 3 sisters) by way of a settlement deed which is to be registered. Afterwards, we have a plan to raze the old structure and construct 5 flats on the plot i.e. 1 flat each. But the brother is not keen on signing the settlement deed.

Whether the mother can sign on the settlement deed on his behalf and the deed can be registered and whether such deed not bearing the signature of the brother will be a valid?

 

Regards.



Learning

 3 Replies

A.Radha Sampath (Advocate)     19 March 2015

Your brother needs to sign on the settlement deed and whether he likes it or not all of you are entitled for an equal share.

pratimasingh   19 March 2015

Thanks.

As the brother is not keen on signing the settlement deed, how to register the deed without his signature.

Regards.

Adv. Mandar Pimpalkhare (Advocate)     19 March 2015

Agree with Adv. Sampath, your brother signature is necessary on the settlement deed.  Mother can't sign on his behalf since he is major(adult) now.  however i could not understand how the property is mutated in single name(mothers name alone) when you father has died intestate i.e. without   Scribing a will.  


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