• Property settlement of a widow to my son.

Hi 
I am a widow, my husband died suddenly without leaving any will. He left me along with my 3 daughters and 1 son. He had a self acquired property(plot) in his name. we have not seeked the court for any partition.
1. Now can I make a settlement deed to my son transferring the whole property to him?
2. If yes, is it valid? or can my daughters go to court claiming they have a share in the property?
3. Should we sell the property after I have settled it in his name? so that they cant be anymore claim on it by my daughters?
Asked 30 days ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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28 Answers

All have 1/5th share, you can only gift your share to your son.

Daughters can claim their share and in sale amount also they will have share.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

You have only one fifth  share in property 

2) you can execute gift deed for only one fifth share 

 

3) if you execute gift deed for entire property it would be seta side by courts 

 

4) for transferring property in your name only you need consent of other legal heirs 

 

 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. Yes 

2. It is valid.

3. Daughters cannot claim sef acquired property. 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. In the intestate death of your husband, his self acquired property devolves to his mother ( if alive ), you, your 3 daughters and your son, i.e., 1/6th each. Assuming that your mother-in-law is also dead, then 1/5th ( 20% ) each to you, your 3 daughters and your son.

2.  Through settlement deed you can't transfer the entire property to him, as you are entitled only to equal share in the property on par with other legal heirs. However you can transfer your share in the property in favour of your son.

3.  If your daughters' go to court, they will get their share.

4.  You can't sell the property as you are only a co-owner and even if you sell the property, your daughters' can file a suit against you and the prospective buyer.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

1) You can't settle property on your son's name need to take NOC.

 

2)  Get that legal heirs name inhert on property mutation papers. Yes your daughters can go to court for their respective shares in the property as they have rights.

 

3) No, you can't sell property without daughters NOC and signatures.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Dear Sir/Madam,

You are suggested that you may very well make the settlement deed transferring all the properties to the son, but the daughters will have to give NOC or release deed of their favour of the son (their brother). It is also informed that for sell of the property, the consent of all legal heirs is needed. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. Yes, you can do so ny way of settlement deed or registered Will or even registered gift deed.

2. You have your sole rights over your undivided share and n0 one can raise objection as to whom you would like to transfer it by inter vivos or by testamentary succession.

3. After transfer your son can take his own decision.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

After the death of your husband without leaving any Will, his estate devolved equally on his Class-I legal heirs, namely - his wife (you), 3 daughters and a son, with each being entitled to an undivided 1/5 share. Please note that your daughters also are entitled to claim their respective shares. If your husband's mother is still alive, she also inherits an equal undivided share. In which case, each of you shall get 1/6th undivided share. In case you wish to relinquish your respective shares, all the other 4 or 5 of you have to execute and register a relinquishment deed in favour of your son. 

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
8 Consultations

4.9 on 5.0

 1.Yes you can do settlement deed or gift deed. 

2.If it's a property of your husband then even your daughter will have a claim of your husband share. You can only do settlement deed for your share not your daughters. 

3. They have legal claim unless it's your 100 percent self acquired property

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You may go for partition deed amongst all of you with conditions the deed must be registered with competent authorities under Registration Act 1908 to avoid future disputes among your children otherwise without registration of deed anyone of them may move for partition suit before the court and it would be a time consuming process. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Execute gift deed of only one fifth share in property 

 

your lawyer has misguided you 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Wrongly advised by your advocate. Settlement deed will revoke by court if daughter challenged it.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

No as the property is not your self acquired only and it has your husband share in it. All your children will have a share in it as your husband doesn't have will

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. If you and your 3 daughters voluntarily execute a registered Release Deed relinquishing their individual share in favour of your son, then your son will become Absolute Owner of the property.

2. At best you can relinquish your 1/5th share in the property in favour of your son only. Even in settlement deed, it's upto your daughters to voluntarily agree to surrender their share in favour of their brother and legally you can't force your daughters' to release their share.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

Go for equal share or partition suit. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You have to go with 1/5th share. what your lawyer is talking about is 1/5th share and not of individal shares.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1.  No.

2. All daughters including widow are entitled to a share.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

1. No. The property belonged to your deceased husband and upon his intestate death, the entire property evolves on all his legal heirs i.e., his widow, children and mother, if alive.

Therefore you can transfer only your share in the property to your son as a registered gift deed or settlement deed.

2. It is not yes, it is NO, hence you should be aware that your daughters who have rights in the proeprty shall approach court for establishing their rights in the proeprty.

3. You cannot settle the property to his name for any reason hence there is no question of selling it after that.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Your advocate is misguiding you you or perhaps he is not aware of the law involved in this.

Do not be misguided and take law into your hands.

If you don any such thing it can be considered as an illegal act.

Your daughters may even lodge a criminal complaint against you and your son for cheating them.

As per law you ae entitled to one equal share in the property left behind by your deceased husband at par with other legal heirs.

Therefore you can restrict your desire to transfer the share of property to your son only in respect of your share in the property.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

In my humble view, you cannot legally deny your daughters' shares. If you ignore their claim and proceed as advised by your counsel, they may challenge your action in court with success. You may, however, relinquish your own undivided 1/5th share in favour of your son by means of a release deed, gift deed or Will. The entire estate of your deceased husband cannot be settled in your son's favour without all other legal heirs forgoing their respective undivided shares in his favour.

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
8 Consultations

4.9 on 5.0

The property was in your husband's name and hence your daughters have a share in it. They may raise objections in case you don't take their consent.

They may go for cancellation of sale deed.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Well, you have been given a wrong advice. You cannot sell a property which you don't own. Act accordingly.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Hi 

1) Since the property is a self acquired properties of your husband,

a) his legal heirs are yourself, your son and 3 daughters

and

b) all the legal heirs are entitled to claim their rightful 1/5th share in the self acquired properties of your husband. 

2) By virtue of section 8 of Hindu Succession Act,

a) all the legal heirs are entitled to claim a share of property

and

b) as such any conveyance should be vide a registered settlement deed duly signed by all legal heirs. 

3) You can choose to settle your share (1/5th share) in favour of your son by executing a registered settlement deed in favour of your son. 

4) We are afraid, the opinion of your lawyer that you can settle the entire self acquired property to any of the legal heir (whether it is son / daughter) is totally incorrect both in law and in facts. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2051 Answers
374 Consultations

5.0 on 5.0

You can go for settlement of complete property 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

If husband died intestate class1 heirs are widow, son, daughter and your mother in law. 

if your 3 daughters are major then, daughter consent required to release their share in favour of brother(son) through Gift deed. 

as a class 1 heir you can (Mother) gift your share in favour of son. 

 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

after your husband you are eligible for 1/5 share only. how can you legally settle for entire property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear Sir/Madam,

You are suggested to go for the settlement of entire property. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. No, you can just transfer your share from property of your husband on name of your son which will be 1/5 share from total property.

2. Yes your daughters can claim their respective shares from property of their father.

3. They can still claim the share and you cannot even sell the property without consent of your daughters. 

4. Your advocate is misguiding you, you cannot sell property or make settlement deed without consent of your daughters.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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