• Settlement by mother

Sir, the property is our grandfathers.he is only son(father).My grandfather register a will all of his property to his only son and his four grandsons.My mother gets nothing. But when we make partition our property on 2011 we give one part to our mother which is registered.The property was divided by five. Now my mother makes settlement deed towards my younger by giving all of her share ignoring others.We wants our share . can we cancel the settlement deed. I want to file suit against my mother. is the partition is valied. how can we get our share legally. Can we stay any sale attempt by my younger brother.Ihave one minor son.The property is ancestral one.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1)settlement deed cannot be cancelled by you unilaterally without mother consent

2) partition deed is valid and binding upon parties

3) you can file suit to set aside settlement deed but chances of success are bleak

4) seek injunction restraining sale of property by brother

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Partition effects between the parties who are multiple owners have mutual interest/ownership in the property. By virtue of WILL, is has become personal property of father and grand sons ( not ancestral). Mother had no right/share/title/claim in the property, so partition in her favor not valid.

Challenged the same, cancellation of partition deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Once through the deed of partition you made your mother 1/5th share holder of the property she becomes sole owner of this property.

2. Once she becomes your sole owner of this she can give this property to anyone she chooses including the younger brother.

3. So by no means you can cancel this deed and not even your mother.

4. So do not pursue this issue any longer and bury the hatchet peacefully.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear,

The settlement deed once executed and acted upon can never be cancelled. You cannot cancel the settlement deed unilaterally with out the consent of the other party. You must give him notice and you could cancel the settlement deed with his consent. Otherwise you can file a suit to declare the settlement deed as null and void.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

As per the grandfather's will your father and four grandsons have acquired the property.

However during partition you people decided to involve your mother in this and all have jointly decided to allot your mother a share out of the properties received by you all.

The same has been transferred to her by a registered deed .

once the share of property was transferred to your mother by a registered deed, it becomes her own and absolute property.

Your mother can dispose this property in any manner and she can decide to transfer this share of property to the person of her choice and desire.

Nobody can interfere in her decision.

Neither you nor anyone has any rights to question her authority to transfer this property to her another son.

This property is not ancestral hence dont misinterpret law to your convenience.

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T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

S.14 of the act states that the property of a female hindu shall be held by her as an absolute owner. It includes all property inherited even in the form of partition. However, clause 2 of the section bars if the instrument through the property is conveyed stipulates a restricted estate. If the partition deed contains any clause through which she has only a restricted share, then, it shall act as a bar in settling the property in favour of her younger son.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You need to file the suit in civil court for judicial partition.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Hello,

Once the share has been given to the mother, the same becomes her self acquired property and as such she can give the same to any person she desires, and no objection with regards to the same can be made at this stage.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

As the share to your mother was given by free will and consent to mother through family settlement deed, the settlement now cannot be unilaterally set aside now. Above all the part was given by registered deed.So it will be difficult to cancel same also she is sole owner and can transfer at her on wish.

You have to challenge the said settlement if you have not signed the same or there was fraud or coercion involved there are very less chances to succeed suit as it is vide registered deed. In case any legal heir out of 5 has not consented same then he can challanged

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As you said the settlement deed is registered, so this is valid deed as per registered act

According to Section 17 of the Indian Registration Act, a family settlement that purports to assign immovable property must be mandatorily registered or the deed would be invalid. A stamp duty is applicable on such deeds and the amount would depend on the value of the property involved.

Now the property is on your mother name and by your all wishes has been transferred on her name, so now it wont be revoked.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Though your grandfather had executed a will inconnection with his properties, you all have ignored it and have not taken probate of the said will.

2. Without taking probate of the said wiil of your late grandfather, you all have registered a partition deed in connection with the said property of your grandfather.

3. After your registering tyhe said partition deed, your mother has now become the rightful owner of her share of the property with which he can deal in any way she feels like including gifting/settling her said shere in favour of your younger brother.

4. Once the settlement deed has been registered, it can not be cancelled without order from Court.

5. Your filing a suit against your mother challenging the registered partition suit signed by all of you but it will not hold much water.

6. The said share of your grandfather's property is now oened by your mother by virtue of the registered partition suit signed by all of you for which it is up to her whether she will give you any share therefrom or not. You have no right to claim your share from her share of the property during her life time.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

This is ancestral property and a settlement deed cannot be prepared by your mother in favour of only one brother without the NOC of other stakeholders you have all the right to file a petition to cancel the settlement deed prepared by the mother in favour of your younger brother

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Grandfather's property is not ancestral property.

The partition what you intend to do is nothing but your family arrangement.

Since is it mutually agreed by everyone, it has its own legal validity.

As per law, if a married woman receives a property whether immovable or movable, it becomes her own property.

The source of income for this property cannot be questioned, nor the donor can be challenged for the transfer of the property by a gift deed to the married woman, it becomes her own and absolute property as per married women property act.

First of all you read the law properly in this regard especially about the definition of ancestral property, do not pass sarcastic comments on the basis of your half knowledge about law.

You better consult a proper and experienced lawyer in the local before jumping into a predetermined conclusion. This will help you solve your problems, save your money, energy and time if at all you are trying to wage a losing legal battle on the basis of your own understanding and notion about the law of the land.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Though the property is anscestral one, but once the property goes to mother then it doesn’t remain anscestral for you all.

She can give it to anyone.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

The partition is valid and the you will get your due share. You need to file the case in district court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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