1)father can execute 2 settlements in one deed
2) your mother has only life interest in property
3)hence elder son cannot calm any share in balance property
4) since mother has only life interest in property she cannot execute will in your favour
Settement Deed - Pros & Cons
Hello, My father wants to execute a settlement deed of his self-owned individual house property among his legal heirs. Total land area: 2400 SFT; Region: Tamilnadu 1. He wants to settle one portion of the land and built-up with in that area to his elder son. 2. The remaining portion of land and the built-up area within that boundary is to be settled in my mother's name. 3. After my mother's lifetime, it has to come to me and sister in different proportion. => Having said, Whether my father can do 2 settlements in one deed? or Only one settlement per deed? => Will be there any conflict in future for the settlement in my mother's name that the elder son can still claim his interest there? How to protect the elder son or his legal heirs claiming again? => In that case, if my mother writes registered will towards me and my sister then there wont be any issues right? Please advice. Thanks Balavignesh
Asked 8 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
14 Answers
Thanks for your answers. Since my mother cannot write a will as you said, then how the remaining property comes to me and my sister after my mother's lifetime? What measures need to be taken or any other alternatives? If my father writes settlement to me and my sister while he does for elder son, would that be fine? BTW, What is lifetime interest?
Asked 8 years ago
1) it would be as per settlement deed executed by your father which provides that on your mother demise property would devolve on you and your sister
2) in the alternative your father instead of settlement deed should execute will bequeathing property to mother , elder son , you and your sister
3) father can execute settlement deed in favour of you and your sister
4) A life interest is a form of right, that lasts only for the lifetime of the person ... your mother has right to enjoy property during her lifetime
Thanks for your answers. 1. I will ask my father to write the settlements to elder son and the remaining portion to my mother so that she can enjoy the lifetime interest and then it should come to me and my sister as my father states in settlement deed. Is that fine? 2. Once the property comes to me and my sister, I will have to pay my sister's share(240 SFT land market value) and get the relinquishment from her as per my father statement in settlement so that I can become the sole owner. Is that fine or any problem may arise? 3, Since the elder son is ailing patient, my father wants to write the settlement of the elder son's share in favour of the grand son and elder son's wife. Is that fine & possible? Please advice.
Asked 8 years ago
1) it is fine
2) you cannot force your sister to relinquish her share in property
3) father can execute settlement deed in favour of DIL and grand son
Having said, Whether my father can do 2 settlements in one deed? or Only one settlement per deed?
he can execute a single deed and settle his property among all the legal heirs. no need to execute separate settlement deed for each legal heir.
Will be there any conflict in future for the settlement in my mother's name that the elder son can still claim his interest there? How to protect the elder son or his legal heirs claiming again?
this is your father's self acquired property hence he has absolute right to make arrangement towards this property. elder son's claim and interest is not genuine because he has no interest in father's self acquired property. so when your father execute a settlement deed and it is registered then no dispute will arise in future.
In that case, if my mother writes registered will towards me and my sister then there wont be any issues right? Please advice.
when your father gives your mother a life interest in the property then your mother cannot transfer it by any of the ways. life interest means she can enjoy the property for her life time but cannot alienate it to any person by any mode of transfer like will, gift, lease or mortgage etc.
Settlement of two properties to two different beneficiaries can be made in a single deed by a single settler by showing two schedules
The beneficiary can dispose further as per his or her desire.
Your father can execute settlement deed simultaneously to you and your sister along with a settlement of property in your brother's favor.
If the property has lifetime interest to your mother and to vest on other beneficiaries subsequently then she can't make a will.
However your father can directly make settlement in your favour even without giving lifetime interest to your mother.
Lifetime interest means, she can remain in the property and enjoy the benefits till her last breath and the subsequent beneficiaries cannot alienate or encumber or sell the property during her lifetime.
1. Your father can execute a will bequeathing the said portions to your elder brother and you and your sister directly.
2. In your case, it should be clearly mentioned in the will that your mother shall have living right in the portion of the property bequeathed to you and your sister.
3. After demise of your father both the brothers and the sister should obtain the grants of probate for solely owning the portions bequeathed to them.
4. He can also make the settlement deed mentioning that your mother will have living right in the portion bequeathed to you and your sister.
The property bequeathed to you shall come to you as per the will or the settlement deed but your mother will have the living right which she can claim legally in case you refuse to allow her to live in the prescribed premises.
1. Your father can also execute a will or settlement deed in favour of yourself and your sister giving your mother living right.
2. In the above event, you shall automatically become owner of the said portition with the condition that your mother will live therein.
3. This will be a straight approach to settle properties amongst children giving wife the living right. You can pay off your sister the consideration to buy her portion with the same living right of your mother in her share of the property.
4. Your father can execute will or settle the said portion of his property to his grandson in place of his elder son.
1. I will ask my father to write the settlements to elder son and the remaining portion to my mother so that she can enjoy the lifetime interest and then it should come to me and my sister as my father states in settlement deed. Is that fine?
In a registered settlement ded, it can be mentioned that your mother shall have lifetime interest and the properties shall vest on you and your sister after klher lifetime.
This can be done as per law.
2. Once the property comes to me and my sister, I will have to pay my sister's share(240 SFT land market value) and get the relinquishment from her as per my father statement in settlement so that I can become the sole owner. Is that fine or any problem may arise?
That cannot be mentioned. It will be your sister' discretion to relinquish her rights or gift her share of property to your name in return of any consideration amount.
Any such recital make render this settlement deed invalid and void.
But that arrangement can be made orally so that the legal hassles can be avoided.
3, Since the elder son is ailing patient, my father wants to write the settlement of the elder son's share in favour of the grand son and elder son's wife. Is that fine & possible?
To execute a settlement in favor of grandsons and daughter in law is purely his decision, it cannot be forced on him nor any suggestions can be made to this effect. The ailing son should not be made to feel hurt or feel more pain by ignoring or neglecting him due to his ailment.
1. These are not two settlements. There is only one settlement which pertains to his entire property.
2. The settlement deed requires compulsory registration.
3. He is proposing to create a life interest in favour of your mother in respect of the remaining portion of the land i.e your mother can reside in the property, but she cannot sell it or create third party rights. After her lifetime the property will devolve on the ultimate beneficiaries i.e you and your sister.
4. Somebody who has only a life interest in her favour cannot make a bequest of the property in which her life interest exists.
1. The property will come to you and your sister after your mother's lifetime if your father declares in his will that both of you are to be the ultimate beneficiaries.
2. Tell your father to get the will drafted by a lawyer.