LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kamesh   17 June 2017

Settlement deed

Hello All, I have a query on the settlement deed. The property was initially bought by my great grandmother. And it was inherited by my grandfather (mother side) after his death it belonged to 4 members my mother , 2 uncles and grandmother (wife). The other 3 have given release deed after collecting money from my mom and my mom is the owner now. Now my mom is settling this property to me. I (age 30) do have a elder sister(age 33) married. Question 1 - Can this settlement be disputed by my sister in future???? Question 2 - what lines can be included in the settlement deed to avoid such happening???? Question 3 - will this property on my mom possession considered as inherited or self acquired??? My present lawyer tells me it is not a problem. Please share your valuable opinion on this regard.


 14 Replies

shrenik (lawyer)     17 June 2017

Ancestral property can not be willed or given to single person You and ur sister have equal rights Ur sister have to release her rights Have ur mom paid full amount to buy the priperty? Obv no so its not self aquired
1 Like

Kamesh   17 June 2017

During the time of release deed registration the legal heirs where my mom, grandmom, my uncle (mom's brother), and another deceased uncles 2 sons, all these people have released their possession to my mom after taking the money/value that time. 

Now my mom wishes to write a settlement to me on this property, will my sister be able to dispute this in future after my mother's time????

 

Thanks for your response .

Ms.Usha Kapoor (CEO)     18 June 2017

Tellyour sister to transfer her property through gift deed to you no one can touch you including tour sister.once there was some kinds of division akin to partition there i sno question of Ancestral Property. It is self acquired property. Your mom can do anything with this property  including gifting or settlement in your favor.In case your mother goes for settlement tell your sister to execute a registered relinquishment deed.Or  your sister must mention in the proposed 'family Settlement SDeed that ahe doesn't wanrt any share in that property ands put her signature.It's binding.

Ms.Usha Kapoor (CEO)     18 June 2017

Tellyour sister to transfer her property through gift deed to you no one can touch you including tour sister.once there was some kinds of division akin to partition there i sno question of Ancestral Property. It is self acquired property. Your mom can do anything with this property  including gifting or settlement in your favor.In case your mother goes for settlement tell your sister to execute a registered relinquishment deed.Or  your sister must mention in the proposed 'family Settlement SDeed that ahe doesn't wanrt any share in that property ands put her signature.It's binding.

1 Like

Kamesh   18 June 2017

Thank you Ms. Usha for your response, my problem is that my sister has already got all the benefits like money, my mom's retirement funds and jewels etc. And told us verbally that she wants no part in this house. Now she is being influenced by her in-laws which is why my mom wants to do this settlement for me. My sister will not give it in writing unfortunately.

My present lawyer has drafted the settlement deed in which he didn't mention my sister's name or anything of this sort. The deed speaks only about the property belonging to my mother and she is doing the settlement to her only son(myself).

Now in future after my mother's time, can this settlement possible be disputed by my sister or her in-laws???? How to avoid this incase???

Dr J C Vashista (Lawyer)     18 June 2017

It is self acquired property of your mother, therefore, it would/should be either a gift or sale deed executed and registered by your mother in your favour to avoid (rule out) any claim or interest in the property of your sister.

1 Like

Kamesh   18 June 2017

Thank you Dr. J C Vashista for the response. My lawyer wrote a settlement deed settlor (mother) and settlee (myself) and he said we will have to register it on a 25000/- papers. Will this be sufficient???? And in the settlement deed he didn't mention my sister's name anywhere will this be okay???/

P. Venu (Advocate)     18 June 2017

Yes, the property is not ancestral; it is the self acquired property vested with the mother. She can, during her lifetime, dispose of the same at her discretion. In the given scenerio, a gift deed would be the best option.

1 Like

Dr J C Vashista (Lawyer)     19 June 2017

Why and what settlement and with whom you want to settle? Is there any dispute?

I do not subscribe to the advise of your lawyer (which I do not claim to be correct). It would be better to consult some other local prudent lawyer before purchase of stamp papers worth Rs. 25K for drafting a settlement deed. 

Kamesh   19 June 2017

Hello Dr J C Vashista, my mother is the settlor and myself (son) is the settlee, he told me the standard cost of stamp papers for this settlement deed will be 25k. By your statement that you don't concur with my lawyer you mean the cost of the stamp paper he quoted was wrong or the concept of settlement deed will not work for my case and can be disputed by my sister in future.??? Can you please let me know.???

naresh A Mr. (Others)     01 July 2017

I am not a legal expert but here is my view.

Since your mother inherited 1/4th of the property from your grandfather that portion she did not buy from her own money but inherited. So your sister also has an equal right in that 1/4th portion of the property that your mother inherited (and not bought). For the other 3/4th of the property your mother got a release deed from your grandmother, living uncle and 2 sons of the deceased uncle by paying money. So that 3/4th portion property we can say was self aquired by your mother. But even in that case if your living uncle who gave a release deed to your mother has children even they can contest that their father (i.e. your uncle) cannot dispose of the 1/4th property without their consent (and can claim that they were not consulted and were ignorant about the sale of that portion) as being inherited from grandfather the grandchildren also have rights in that. But if they are fine with your uncle having release his rights to your mother then no issues with regard to that 1/4th portion.

So going by this your mother has absolute rights only over 3/4th of the property and she can settle that in your name or gift it to you. But on that remainging 1/4th portion that she inherited from your grandfather even your sister has rights (i.e. 1/8th portion) and your sister will have to release those rights to you in  registered release deed. If she doesnt she can always contest that later.  So it might need more than a simple settlement deed......better consult a good reputed lawyer who can understand the various scenarios involved and write the legal document accordingly. Since the property is inherited from great grand father you have to be very careful.

Kamesh   15 July 2017

Thank you Mr.Venu. now one more query my sister has a daughter who is minor now. What this cause any problem? In future???

P. Venu (Advocate)     15 July 2017

It makes no difference.

Kamesh   20 July 2017

One final query, I have registered the Settlement deed few days back, now in furture if my sister agrees to give a release deed for her 1/8th share, is there a way to append it. if yes how do i proceed on this regard?

Thank you in advance.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query