• Settlement Deed

1. V have 1100 Sq Feet ground (Include 800 Sq Feet House) in Chennai, which is Brought by my father.
2. In my family I have 2 sister and mother. My father passed away on 2000.
3. The property still in my father name. v r not transferred to any one.
4. Elder sister have one girl (Age 23) and her husband little rough and younger sister husband separated (divorce case going on and may get divorce as soon as) and she living with me and no kid. My mother living with me.
5. Am married on 2nd Sep 2019 (At the age of 43). Expecting child on next year.
6. Now my brother in law (Elder sister husband) creating issues with 2nd brother in law (Younger sister husband) for to occupy this property.
7. Am came to know there is settlement deed for better solution through elder sister husband. Because, both husbands threading to my both sisters.
8. After my discussion with elder sister husband, He asked me make settlement deed for below
 a. Full property for me with settlement deed. But,
 b. Full marriage expenses of my niece (My elder sister daughter) is mine. (Jwells, Marriage hall, food, dress for Engagement and Marriage)
 c. Every month am wants to pay Rs.10000/- for my mother and younger sister (My mother getting pension Rs.12000/- per month) and medical expenses is separate.
 d. My younger sister and my mother should live until death in this property. (Untill them death, me and my wife (Kids in future) should live out side of this property (Means am should take home for rent in my area). 
 e. After them death only am able to come r use this property. 

Please advise is this settlement deed is good or bad. what the issues may face in future. If bad, please advise some good suggestions. (Am interested to some help for niece marriage. But full expenses is very difficulty for me

My doubts is below.

1. In my elder sisters marriage my father spent full amount (V doesn't know how much my father spend money). in my younger sister, (After my father passed away) marriage v sold small part of our property and spend money around Rs.10,00,000/- for her marriage. 

2. Property value as of now (10 Mar 2020) Rs.70,00,000/-.

3. My elder sister have property around Rs.60,00,000/- (At the time of buying my mother given Rs.30,000/-) (At the time of property purchase the value is Rs.1,30.000/-). Rest of money my sister paid though EMI. As well as my brother in law also have property which comes through his father.

4. My younger sister said no need any amount from her husband after divorce. 

5. Please advise what I do r how I wright settlement deed. my mail id - [deleted]
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1) First you should go for relinquish deed and than settlement deed. or simultaneously .

2) Whatsoever are demand kept by your sisters are really worth toward existing property in the share ?

3) It's better to give them equal share and ask them to take your own responsibilities of their own life and kids. because their expectations are very very HIGH as compared to property cost.

4) You have to first take a meeting and prepare MoU and come to conculsion of all sharing ratio. so do let me know that all negotiation can be done from your side and prepare points acordinlgy.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Your brother in law cannot dictate terms that you have to keep your wife and child should stay in rented flat 

 

2) get valuation of property done 

 

3) you canpay your 2 sisters market value of their share so they relinquish their share in property 

 

4) your mother can execute gift deed in your favour for her u divided share in property 

 

5) gift deed should be duly stamped 

 

 

Ajay Sethi
Advocate, Mumbai
94815 Answers
7557 Consultations

5.0 on 5.0

After  demise of your father, you alongwith your mother and siblings have equal share.

Your BIL cannot dictate terms to you / your family.

If you want to execute the settlement deed, clearly demarcate the property among four of you and allot each one a share.

If your mother and younger sister does not want a share, let them release their share to you / gift it to you and the same needs to be registered and pay property stamp duty.

Do not leave the property, stay put in your portion.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Please contact local advocate for more precise guidance.This is not such easy to respond.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you do not want to agree for this agreement or settlement condition then you may refuse to accept their terms and conditions.

Your brother in law cannot interfere in your household affairs.

Your sister can impose certain condition, if you do not want to accept the same, then she cannot be able to do anything.

If they are putting more pressure on you with their unjustified demands, you may refuse to accept the same and file a partition suit seeking partition of the property and separate possession  and if the partition is not possible then to sell the property and allot you the respective sale consideration amount.

There is no compulsion on you to accept their unreasonable demands.

 

 

T Kalaiselvan
Advocate, Vellore
85011 Answers
2208 Consultations

5.0 on 5.0

1. This settlement deed is a lose lose situation for you. 

2. You should ask them to go for partition suit but dont agree on the condition they are suggesting because it can be more expensive for you than property. 

3. Ask them to take consideration for their share and relinquish their right from property by execution of settlement deed and don't interfere in your share after this. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

See as far as the settlement deed of property is concerned it should only include the cost and division of the property. All other conditions are not required. It's your personal choice whether to accept or deny the same but property division is only the prime concern of settlement deed

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

Worse settlement deed. Secondly, second sister is getting divorce than why bother about 2th BIL. In the property all 1/4th share each. So say of husband of sisters.

And release deed will execute and not settlement deed. Settle the terms with younger sister and mother, first become owner of 3/4th share. They can stay whole life in the property but you also.  Don`t vacate at any cost. First complete this than negotiate with elder sister.

Expanses incurred in marriage have no relevance.

Yogendra Singh Rajawat
Advocate, Jaipur
22661 Answers
31 Consultations

4.4 on 5.0

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