Settlement deed done by you is legally valid.
Partition Deed
My father make a partition deed of his self acquired property to my 2 brothers and 2 sisters. After Partition myself gave back the my share to my father through settlement deed. now my father died we 2 brothers and 2 sisters joinlty sold that property. Now my son and my daughter filing case that partition deed share should come to us only. Whether the settlement done by me is valid or not?
Asked 4 years ago in Property Law
Religion: Hindu
32 Answers
Well grand child have not share in grand father property and once property settled by father in his children, they become sole owner.
And after father demise , his share inherited in his children, no share of grand children.
Settlement deed executed by you is valid
your son and daughter have no share in property
Tnx and I have question if my settlement was legal, then the said property sold by four of us also legal? My son have no rights in that property?
Asked 4 years ago
Sale deed executed by you is valid
Actually father had to execute settlement deed and re transfer by you is possible by executing gift deed ,
But in no case grand child have any share in grand father self acquired property.
- As per law , A father has right to transfer or gift/WILL a self acquired property to anyone ,he wants, and no one challenge the same.
- Hence, the said partition deed exectued by your father was unchallengable by even other members of the family, and further by way of that partition deed , you brothers & sisters were absolute owner of the said property , and was having the right to sell the same.
- Further you settlement and sell was also legally valid , and unchallengeable.
- The case filed by your sons and daughter is not maintainble .
Good luck and dont forget to rating Positively.
Few lilines of your query would lead to an answer that they are entitled to a share. Need to examine their grounds and the documents.
Regards
G.Rajaganapathy
High Court of Madras
After getting the share of proeprty through a registered partition deed, that share of property becomes your own and absolute property.
You have full rights to dispose the property in any manner including the registered settlement deed what you have executed.
In this, neither your children nor anyone can question your authority for this act nor they have any rights to claim any share in it.
If they have filed any case in this regard, it may not be maintainable
Yes, your settlement deed in favor of your father is very much legally valid and also the subsequent sale deed is a legally valid transaction.
No dispute in this regard would be entertained by court as it is not maintainable
Yes it's valid in self acquired property they will not have share
See settlement deed done by you is valid as by partition you were absolute owner so settlement by you are subsequent sake after demise of father is valid.
Yes it is legal .Father in life partitioned the property and it is not ancestral property you son has no right.
The property was your father's and hence he hve it to you which you returned and your siblings sold it after his death.
Now your children cannot have any share in that.
No he doesn't have any share in the property.
1. During the lifetime of a Hindu male/female his/her heirs have no share in the property. So there is no foundation for the claim of your children.
2. You were at liberty to execute settlement deed in respect of your share.
3. You and your siblings also had legal competence to sell the property without the consent of your heirs.
When discussing with a local lawyer, he is telling that my son have full rights to ask the share. i am explain the full story. Myself Exservicemen. 1. Partition Deed done between our Family(2010) 2. Due to misunderstanding(my wife and children not taking caring of my Father and Mother) with my wife i applied for divorce (March 2016) 3.On Sep 2016 due to this situation for taking care of my father and my mother myself write a settlement the property share received in partition deed again to my father. 4. June 2017 my mother died and on Oct 2017 my father died. 5. March 2019 i got divorce order received, my ex-wife applied for CMA. 6.July 2019 myself and my brothers all together sold the partitioned property. 7. Now my son filed a case that the partition itself not legal, i need the 2/3 rd Share of Partitioned property claiming that Partition, Settlement and Sale deed all not legal. 8. Property value guideline value (530000), he asking the share (320000) Kindly guide me by which act he is claiming the share and for information my brothers and sisters have totally 5 childrens
Asked 4 years ago
Your son does not have any right to claim partition.
1. Your son has no share during your lifetime.
2. He does not have the locus to even question the partition deed.
It is not ancestral property
2) property which has remained undivided for four generations is ancestral property
3) in present case it was self acquired property of your father which he divided between you and your siblings
4) you are at liberty to gift share received by you to your father
Your lawyer has not guided you properly.
The property partitioned by your father is legally valid.
Subsequent to the partition you become the absolute owner of the property since it is not ancestral property.
As an absolute owner you are the authority over the share of property you acquired.
Therefore you are having full rights to dispose your property in any manner as per your desire and decision.
You need not take permission or consent from anyone to dispose your property.
Thus nobody can interfere in your decision to transfer your property by a registered settlement deed in favor of your father.
The settlement is legally valid and unquestionable.
There's no question of anyone aggrieved over your decision to dispose your own property in the manner and mode you desire and decide.
Therefore the suit filed by your under the misguidance of some greedy and ill-knowledged person is not maintainable nor tenable in law.
You can change your lawyer and better engage a lawyer with knowledge and skill.
See you along with your siblings have absolute right over the property your son as per the facts cited above has no right in same .
Already informed you, grand child have no share in grand father self acquired property.
Great grand child have coparcenery right GG father property subject to - succession should be intestate up to 4th generation.
After settlement, property had become self acquired property of you 4 and your child has no right in father property
Dear Sir,
What is the right of the grandchild in the Self- acquired property of the Grandfather?
A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.
If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.
As the properties inherited by the wife, son(s) and daughter(s) of the deceased would be treated as a personal property of those who inherit the same, no one else has any right to claim any share in the same property.
In case any son or daughter of the grandfather dies before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grandchild of the grandfather shall be entitled to get a share of his/her predeceased father only but if the father is alive then she/he is not entitled to any share.
it is valid Settlement deed if it is duly stamped and registered.
deed executed by you is valid so your son have no share.
you son and daughter have no share in your property Or in your father property self acquired property.
If the same is self acquired property it can be only claimed as a matter of right when the property owner dies intestate. Other wise the owner of self acquired property has every right to distribute the same in manner he requires
Dear Kalaiselvan sir and Nethra Madam, tnx for your satisfactory and understandable guidance. Can you Please provide me the exact Law or act highlighting your answer, which i can produce to my lawyer and to the court.
Asked 4 years ago
See as per the transfer of property act as it was father's self acquired property he was absolute owner in his life he made a partition deed dividing the property.
So by virtue of same you 4 brothers were owners of the property in his life . So you have all right to settle the property therefore the settlement deed is valid.
Also after demise of father as per hindu succession act in estate succession the settled portion to gather is also to be distributed between you and your siblings so you all were joint owners and free to transfer same.
You can refer to section 8 of Hindu succession act for more detailed clarification.
This is basic law which even a lawyer new to this field would be knowing it, in order not to spoil your case any further you may have a second option of continuing with this lawyer who may misguide you instead of fetching you proper remedy as per law.
We cannot see answers posted by other lawyers
hence cannot comment on said answers
Yes the partition deed and settlement deed done by your father and you are valid.
Your son and daughter cannot claim share from your self acquired properties and property you get through settlement deed or partition deed will become your self acquired property.
Your son doea not have any share. You don't have to worry or prove anything.
If he is demanding a share then let him prove it. It is his obligation to prove to the court how he is entitled to a share. Once he states the same then you can reply accordingly.