Can a registered Settlement Deed be disputed by children
The father A had 5 children 3 boys and 2 girls. All the children are married. The 3 boys and the father conducted business together. The business and other properties were divided between the 4 of them. The father executed a settlement deed and got it registered settling his share of property and business to his youngest son. The youngest son has got the property transferred to his name during the life of the father and he is paying the taxes for the property in his name. The father later died. Now can the other children and their children ask for share of the property of the father. Can a suit be filed and a stay obtained to evict the youngest son from the house.
Asked in Family Law from Salem, Tamil Nadu
The father also inherited some ancestral property. He has also settled that property to his youngest son. Can other children and grandchildren ask for share in that property.
Asked 2 years ago
1) once gift deed or settlement deed has been executed younger son is absolute owner of the property
2) other children have no share in the property of the father
3) suit can be filed to set aside gift deed on account of fraud or undue influence
4) chances of success are bleak unless allegations made in suit are proved
5) court may direct maintenance of status quo
1) please clarify on what basis you say it is ancestral property?
2) in respect of ancestral property other children would have share
The youngest son is planning to dispose of some of the property. Can the other children get a stay or block the sale.
Asked 2 years ago
1) in respect of ancestral property other children can move court and obtain stay
2) in respect of self acquired property of father transferred to son by settlement deed court may not grant any stay
1. If father was the indisputable owner of the property he was at liberty to sell his share to anyone through a settlement deed.
2. None of the children can question the sale made by him to his youngest son.
3. A suit can definitely be filed and a stay also obtained by the other children if they are able to show that they had an indefeasible share in the property sold by him.
In so far as ancestral property is concerned the father could not have settled it in entirety to any one of his children by ignoring the others. All the children had an equal share in the ancestral property. Any one of them can claim their share by filing for partition in the court.
The deed of settlement once executed and registered is binding on the legal heir of the settlers.
However the same may not be binding if it affects the legal rights of the heir adversely.
So the deprived son can file suit for partition and injunction so his share in the ancestral property is not lost of.
Other children can claim their right over the ancestral property and before the youngest son disposes off the ancestral property immediately file a suit in the court so that he will be barred from selling the ancestral property. Unfortunately other children have no right over father's self acquired property if the father wishes to give it to the youngest son.
Now can the other children and their children ask for share of the property of the father. Can a suit be filed and a stay obtained to evict the youngest son from the house?
Once the property was transferred to the donee by the donor by executing a registered gift deed in his favor, even the donor has no right to revoke it therefore others do not have any right to claim a share in the property acquired by the donee through the said gift deed.
The father also inherited some ancestral property. He has also settled that property to his youngest son. Can other children and grandchildren ask for share in that property?
If the property inherited by the father was an ancestral property, the father has restricted rights to settle only to settle his share to the person of his choice. The share of property inherited by the father out of the said ancestral property will again be shared by all his children who are coparceners, therefore the father has not title over the entire share of the ancestral properties inherited by him. This makes the settlement deed as null and void insofar as the shares of other coparceners is concerned.
The youngest son is planning to dispose of some of the property. Can the other children get a stay or block the sale.?
Others can obtain stay if the property inherited through gift or settlement deed was ancestral in nature otherwise nothing will bother the younger brother.
1. You have mentioned that the father is settled his share of the business and property in favour of his youngest son,
2. It is within his right to settle or gift his share of property and business infavour of anybody he wishes to,
3. Any suit challenging this settlement deed legally registered will not have any acceptable ground and is expected to fail.
1. If father has inherited some of his paternal property then he became its absolute owner,
2. Unless the said property belonged to the great grandfather with free flow of title with out any interruption, then it can not be claimed by the sons and grandchildren.
1. Yes, the garndchildren can file a partition suit and thereafter file an application under order 39 rule 1 & 2 praying for a stay order restraining the youngest son from evicting others till the partition suit is disposed of,
2. After some time, the partition suit may be rejected.
1. When any document is duly registered then it shall be read as evidence in the court of law. if its attestation is proved under section 68 of evidence act.
2. Father has right to alienate his all self acquired property to any person. it is settled law no dispute, so you can enjoy all his self acquired property.
3. But father has no right to transfer ancestral property if joint family is governed by mitakshra school, other wise father has same right in ancestral property.
4. Tamilnadu is governed by mitakshra school so your siblings have right to challenge it and get share in ancestral property because they have vested interest in it due to member of joint family.
5. If ancestral and self acquired property can't be separated then court shall divide it according to settlement deed and it'll take many years.
case law :
in S.Saktivel (Dead) By Lrs vs M.Venugopal Pillai it is held by the court that however mother is the guardian of child after the death of father but she has to maintain joint family property and such property will devolve to the children according to their right, whole property can't be transferred by gift / will or any other manner to only one heir. such deed is void.