You can file consent terms in court
2) court would pass orders for disposal of suit based on consent terms
3) grand son has no share in property during your lifetime
Settlement
My ex wife is holder of power of attorney given by my son staying at usa.They have claimed right on my property and suit is in court against my residential property that this property is inherited and it is of my grandfather. This claim is false and now they realized that suit is not sustainable and they will loose it. Now they have come for settlement. I am thinking to settle this issue by paying money against sell of this property or to offer some part of bungalow for my son. Now I need to understand If I settle this issue with agreement with my son can I get court order on the basis of same agreement? What will be procedure? I think court order mentioning about settlement can provide me safety for future.What is proper way to settle this issue so that they can't claim money again and again from me or from persons whom I want to inherit remaining property? Other point to understand is, can my son's son (my grandson) can make legal claim in future that he has right in this property as it is inherited (according to them, not in actual )and he doesn't believe in settlement done by his father (means my son)? Please guide. Thanks.
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
Dont go for any private agreement
Draw up consent terms and have it filed in Court
In the consent terms mention that the Plaintiff agrees and confirms that the suit property is not an ancestral property
The grandson in order to make a claim will have to first prove that the property is an ancestral property
You can settle the same before that court only. File consent terms. Draft the same carefully and later your son Or anyone will not be able to claim the same.
Dear sir,
1. you can file for consent terms before the court stating that Plaintiff has agreed that the 1. property is not ancestral property.
2. For claiming his share, he needs to prove that the property is ancestral.'
Thank you.
Registered Family Settlement Deed is the answer to all your queries. Get the deed executed by the appointed executor who is authorised and cited in this deed and also the one who signs the deed.
There should be clause in deed that "there would be no case filed by either of the parties against other by themselves or their legal heirs after execution of this deed"
You can file a compromise settlement memo and seek for a judgment based on the compromise settlement between the parties mentioning the terms and conditions of compromise settlement.
Once the court is passing a judgment based on compromise settlement, this cannot even be appealed against.
As a matter of fact even your son is not entitled to any share in the property as a right, hence there is no necessity for coming down even for a compromise settlement with your son also. If at all you want to give your son some share of property or cash in kind, you may do it afterwards, i.e., the case filed by him is dismissed.
Therefore there is no question of your grandson claiming any share in the proeprty as a right.
1. Neither your son nor your ex-wife has any right on your properties even if those are inherited. So, you should not make it your wish to gift your son some thing a condition to get the suit filed by your son dismissed.
2. Let him withdraw the case admitting that he was wrongly advised by his lawyer and accepts that he has no claim on the properties standing in your name, whether self acquired or inherited.
3. Thereafter you can gift him any amount or anything you wish to after getting an agreement registered by him stating that he will lay no more claim on you in connection with your properties, in future.
