• Settlement deed

Mr. K resident of Chennai owns a property ( not a Hindu Undivided Family property )and expired during 2007. He left behind his wife Mrs. K , son Mr.V and two married daughters Mrs.M and Mrs.P as legal heirs. During 2018 Mrs.K was hospitalized and she offered to give his 1/4 share to her son Mr.V which she gave in a form of settlement deed during june 2017. She expired in feb 2018. However now in June 2020 the two married daughters claim that the setttlement deed is null and void and threatened her brother to prosecute under law. Pls advise whether Mr. V has the hold of settlement deed given by his mother.
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

Daughters are liable for share so they can ask.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Once settlement deed is executed duly stamped and registered V would be absolute owner of one fourth share in property 

 

2) it is not null  and void 

3) daughters can file suit to set aside settlement deed but they have to prove it was done coercion or undue influence 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

- As per latest Supreme Court judgement , now a daughter is having her equal right over the property left by her father. 

- Hence, after the death of Mr K , his property would be devolved upon his wife Mrs.K , Son Mr V and two married daughters Mrs M & P , equally i.e. 1/4 th each.

- Further after getting the respective share in the property , this property would be considered as Self acquired property of all the legal heirs. 

- Hence, after getting her 1/4 th share in the property , Mrs.K is having her legal right to transfer the same to Mr.V either by way of Gift deed or Settlement Deed. 

- Legally both sisters having no right to interfere or claim over the property given to Mr V by his mother , and if they will file a case before the court , that will be not maintainable as per law. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

1. If the settlement deed was  executed on full consent and free will of the mother then the same is enforceable under the eye of law and can not be nullified. 

2. Therefore the civil suit filed by the sisters is likely to be dismissed on merit. 

3. Unless there is any order of injunction there is no legal bar to purchase from V . However such sale would be subject to outcome of such civil suit. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

The property left by the deceased owner, upon his intestate death shall devolve on all his legal heirs equally.

His widow has transferred her rights for her 1/4th share in the property  in favor of her son by executing a registered settlement deed in respect of her undivided share in the property.

This transfer is very much valid and her son can now claim 1/2 share in the property and his two sisters are entitled ton 1/4th share in the property each.

Their claim for their mother's share to be divided equally would not be maintainable in law.

 

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

If it was self acquired property then they can't claim anything now

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

The son now is the owner of his share ie 1/4th and his mother's share too as she gave it to him. Let them say what they want. The law says otherwise.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If settlement deed is registered with competent authorities under the law No problem with legality otherwise it can be challenged. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. On what basis the daughters are saying that settlement deed is void? It has not been declared so by any court.

2. If the settlement deed is signed and registered then it is valid.

3. Unless the settlement deed is perused threadbare no opinion can be formulated on its validity.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Need to look at all documents and facts.

 

G.Rajaganapathy 

High Court of Madras 

 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

After the death of A without leaving a Will, his estate devolved equally upon his survivors and legal heirs, who, in this case, are his wife, son and two daughters. Everyone was entitled to 1/4th undivided share. Subsequently, the wife relinquished her 1/4th undivided share in favour of her son. This act is perfectly valid legally. The daughters cannot challenge it on any valid, legal ground.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Settlement deed is perfect. Daughters can challenge the deed but cannot revoke it.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir/Madam

Mr V has all sorts of hold to the settlement deed done by mother and he need not worry because the same can be proved through witnesses also.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

if settlement deed is registerd then it is valid. 

contact local advocate for more precise guidance. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. Yes Mr.  V can claim property which was inherited by his mother after death of father in basis of settlement deed executed by his mother.

2. Daughters cannot claim share of mother if settlement deed is genuine.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

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