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sankara   28 June 2017

Settlement deed

Dear Sir,

I have some querries regarding the legal issues for property issue. I request u to give ur precious advice.
Pls give your invaluable views upon this case. 


my Grand father had 3 acres Land that  he wrote settlement documet of this Land.As per the settlement deed , 
my Grand Mother  has privillage to use land but can not sell till her dead 
after her dead then her sons has full privillages to use and sell

Condition
My Grand father  no more
Patta Name (my Grand mother)

Question:

1. is any possibilities that my Grand Mother get full control over land  and restrict her sons access the Land after her dead?
2. is possible for collateral? if in collateral how it will affects her sons and what are possiblity of getting over it ?

 

Thanks and Regards 



Learning

 13 Replies

Kumar Doab (FIN)     28 June 2017

Limited understanding from your post is that Grandmother can only enjoy and cannot alienate the land.

 

Azhagananth (Lawyer)     28 June 2017

Grand Mother has privillage only to use land but can not sell till her dead - means he can rent/lease/Cultivate and earn from the property or stay n enjoy the property but can not sale or reassign to  anyone,
 
after her dead then her sons has full privillages to use and sell - after the death of the granny, their sons can do the property what ever they want, but jointly.

 

sankara   28 June 2017

Sir,

is possible for collateral? if in collateral how it will affects her sons and what are possiblity of getting over it ?

 

Kumar Doab (FIN)     28 June 2017

Generically speaking;NO.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters, by showing the said deed.

 

sankara   28 June 2017

Dear Sir,

I hope below statement helpful for your precious advice.


My Grand father had 3 acres Land
for that Land he wrote settlement document before Dead..
As per the settlement document Mentioned Below:-  
Point 1:my Grand Mother  has privillage to use land but can not sell 
Point 2: after her dead then her sons has full privillages to use and sell

Above two point mentioned  this settlement document..

As of now Condition:
My Grand father  no more (he died two year back)
Patta Name (my Grand mother)

Question:
My Grand mother plan for Collateral, so i ask below question..

Q1:is possible for collateral? if in collateral how it will affects her sons and what are possiblity of getting over it ?

 

 

Thanks and Regards

Kumar Doab (FIN)     28 June 2017

Already replied.

If you wish you may oppose the action.

sankara   28 June 2017

Thanks Lot....

Kumar Doab (FIN)     28 June 2017

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters, by showing the said deed.  

 

Kumar Doab (FIN)     28 June 2017

You are welcome.

s.prabhakar (Superintendent)     28 June 2017

I do not understand what you meant by collateral? As per the facts given, the now expired grand father had written a settlement deed (which is nothing but Will) whereby he willed that his wife i.e. grandma can use the land but not sell  or part with it, but on her death, their sons can use & sell the property. If so, it is a simply a will by grand father nominating the successors to his own earned property of 3 acres. If the said property is not earned by him out of his own funds, then the grand father cannot will it but the property will be divided according to laws of succession as applicable to Hindus. (small correction for using the word 'dead' not 'death'  as any incorrect words have got legal implications).

1 Like

s.prabhakar (Superintendent)     28 June 2017

what is qualification mr. kumar deb? I thought you are an advocate as only lawyers are regd.in this club, but without giving your legal opinion on the issues raised, you are advising the person to consult an expert n sr. legal counsel etc.

1 Like

Kumar Doab (FIN)     29 June 2017

What is your qualification and credentials and concern for anyone' comments mr.s.pirabhakar?

The person/querist having a issue hat has legal implications should always without any hesitation consult local a very able local senior counsel of unshakable repute and integrity specializing in concerned field of law.

The querist may also do it without any hesitation!

Kumar Doab (FIN)     29 June 2017

Dear LCI querist @ Sankara,

The online discussions are not substitute for in person consulattions with a counsel specializing in respective field of law.

It may not neccesarily cost you a FEE.

Many counsel do not charge a FEE for short advise after looking into docs.

Even if the expert counsel charges a nominal FEE it is worth it.

Try locally.

 

 

 


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