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Loganaths   17 November 2020

Settlement deed without consent of other legal heir

Property acquired by father. After his demise, can a Settlement Deed given by mother to son without consent of other legal heir is lawful and valid. Now, both father and mother are deceased. Awaiting your kind advice.


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 18 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 November 2020

Hello,

The property is in the name of your father so after his death, your mother and children are legal heirs for father having an equal share in the property. Therefore mother cannot transfer the father's property in the name of a single person without the consent of other legal heirs. You can challenge the mother's transaction in court. 

Loganaths   17 November 2020

Dear Shri Shirish,

Thanks a lot for your immediate response.

As I mentioned, mother is also deceased.  Brother is claiming that there is no need for the consent of daughter.  How can we proceed.

Please advise.

 

Advocate Bhartesh goyal (advocate)     17 November 2020

Any one of you can challenge the settlement deed in court and get declared it null and void and seek partition of Property belonged to your father.

Loganaths   17 November 2020

Dear Mr. Bhartesh,

Thank you Sir.

I would be obliged if you could kindly advise me under which Section I can request my Legal Counsel to take up the matter and file the case.

 

Manali Bhalerao (Practicing Advocate)     18 November 2020

Dear Client, No, Mother can't make a settlement Deed in favor of his son as the property belongs to the father and after his demised, it will be transferred to the spouse and children so all the legal heirs have right on the property.

Loganaths   18 November 2020

Dear Shri Manali,

Thanks to all the Legal Experts for my request.

Can you help me with the Section to contest against the Settlement Deed which was executed in August 2016.

Once against thanks to you all.

Sureka Nagendhran (Senior Advocate)     18 November 2020

"Suit for Declaration, Declaring the settlement Deed as Null and Void". Section depends upon the State where the property is. you Tell your Counsel that you need the above said relief. he will proceed as it is... 

Loganaths   18 November 2020

Dear Ms. Sureka,

Thanks a lot for your valuable advice which is greatly appreciated.

Any time limit is there to contest please.

 

Sureka Nagendhran (Senior Advocate)     18 November 2020

Should be filed within three years from the date of execution or from the date of knowledge

Loganaths   18 November 2020

Dear Ms. Sureka,

Thanks once again for your expeditious response.

Is there any provision we can contest after 3 years please, as it had happened in August 2016.

My apology to bother you for this.

P. Venu (Advocate)     18 November 2020

On the death of the father, the property jointly vested with all the legal heirs. Anyone of them can file a suit for partition with the other legal heirs as defendants. It is for the alleged beneficiary of the alleged settlement deed to plead and prove the same.

Loganaths   19 November 2020

Dear Shri Venu.

Thanks for your kind advice.

Is it mandatory that we should file a case within 3 years.

P. Venu (Advocate)     19 November 2020

There is no limitation for filing a partition suit.

Loganaths   19 November 2020

Dear Shri Venu,

Once again, please accept my profound thanks for your expert advice.

Any Section in the relevant Act, which I can quote.

 


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