1) your husband can file suit to set aside settlement deed if his mother was not mentally fit to execute settlement deed
2) it has to be proved that mother was not mentally sound
3) contact a local lawyer
Query on filing of case for cancellation of settlement deed signed by my mother in law
I am married to the third son in a family of four male children only. My husbands grandfather had executed a will wherein he has clearly stated that all the properties in his name should be divided between his only son and his male children. In 1971 my husbands grandfather died leaving behind his wife only son(my father-in-law) who was married and has four male children. In 1986 my father-in law died leaving behind his wife and four male children. However in 2014 my husband along with his mother and brothers executed a partition deed wherein 1/5 of a property was partition in favour of their mother with absolute rights and 1/5 share in favour of each of the male children. In 2016 my mother-in law executed and registered 3 revocable wills partitioning her share between her 3 younger sons - 2nd, 3rd & 4th son . The elder son had expired in the year 1998 leaving behind wife, daughter and son. In september 2017 my mother in law who is about 76 years of age executed a settlement deed wherein she transferred the property forming content of the will registered in my husband(3rd son) name to her fourth son. During August 2017 she had some serious health issues and was hospitalised and was under medication. Even before that doctor had referred her for appointment with psychriatist as she had severe memory issues. Can my husband challenge the settlement deed on the above grounds. Alternatively can i on behalf of my minor son challenge the partition deed signed by my husband & his family members i want to recover my husband share.
Asked 6 years ago in Property Law
Religion: Hindu
9 Answers
1. Any agreement in order to become a lawful contract needs to be made on free will and consent of the parties which must be free from coercion and misrepresentation of fact.
2. So if at the time of execution and registration of such deed his mother did not have proper mental balance then the deed was not the priduct of her free will and consent and hence a nulity in the eye of law.
3. In that event your husband can file a suit for declaration , partition and injunction to get back his due share.
1. After demise of your husband's grandad, his property would go to his son and his children, ie your father in law and his 4 sons including your husband each having equal 1/5th share
2. upon the demise of your father in law his 1/5th share would go to his widow and children ie each legal heir would have 1/25th share. So ur husband share would become 1/5 + 1/25
3. So the partition of the 1/5th share of your father in law between his widow and 4 children is correct.
4. Your mother in law can do whatever she wants with her share in the property. So her Wills are fine.
5. However your mother in law cannot deal with the share of your husband. What I understand from your query is that she transferred your husband's 1/5th share which came to him through his grandad Will, in favour of the youngest son. That can be legally challenged by your husband. However you on behalf of your minor son can't challenge since your husband is still alive.
6. Why you want to challenge the partition deed? Wasn't your father in law's 1/5th share equally divided between your mom in law and her 4 sons?
In case your mother in law was not fit to give free consent and she was mentally unfit then in that case your husband has to file a suit for cancellation of settlement deed as there was no free consent of mother as she was not well
Her mental ailment has to he established before court through medical certificates and other evidence also if husband is there he has to file suit you and your minor son donot have right over the property.
The mother being the absolute share of her 1/5th share, she was free to pass on her interest in this property exclusively to her 4th son to the exclusion of your husband.
Your husband may challenge this settlement deed only if he has credible evidence that she couldn't exercise her free will and consent during the execution of this deed due to her medical condition.
1. Your husband can challenge the settlement deed that the said deed was executed by his mother under an imbalanced mental heath and can challenge the same that the said deed was executed under suspicious circumstances signature was obtained by fraud and force. 2. There is a possibility of chances to succeed the case.You need not to challenge the partition deed. Assuming that if u challenge the partition deed on behalf of your son it will not give any benifit because the legal heirs of your father in law were partitioned the properties according to the Hindu succession Act and there is no illegality.
The only plus is the m-in-law was referred to psychiatrist which may help presume the courts about the circumstance in which the s-deed has been executed. The execution of the s-deed can be challenged.
Dear Client,
Grand child have not claim in property due to testamentary succession.
Partition took place between 5 is not valid as against the wish/WILL of Grand father.
Property can be named in mother through partition as partition effects between jiont tenants/owners which motehr was not due to WILL.
Another reason to question the WILL- Mental Condition of mother.
The partition deed cannot be challenged because it was a family partition done amicably among the brothers and their mother.
The will reportedly written by the grandfather of your husband was never acted upon by anyone, because the properties left behind by him was inherited by your father in law and after his intestate death the same was divided into 5 shares equally.
The registered settlement deed executed by your mother in law in respect of her share in the property in favor of her 4th son is very much valid.
Once the settlement deed is executed and registered, then the testamentary disposition i.e., the will shall become infructuous or cancelled automatically.
Since she is still living and is reportedly having a good mental health, no case challenging her settlement deed is maintainable.
Neither your minor son is having any rights in the property especially during the lifetime of his father.
