• Settlement Deed

My father has 4 acres of agricultural land, he wants to give 3 acres to me[his only son] only after his death, and the other 1 acre is going to be split between my sisters[3 sisters] after his death, I would like to know what sort of legal registration would help to make sure that 3 acres will come to me as he wished so that my sisters won't be able to challenge in any legal disputes.
Asked 1 year ago in Property Law
Religion: Hindu

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16 Answers

Hi,

1.you have to prepare the registered will whereby declaring and stating all the terms of the settlement and partition between surviving legal heirs. It will be pertinent to define and mention the details of the share for the verification and nishandehi purposes so to avoid any kind of collusion or controversy between the surviving legal heirs.

2. The will shall be registered at the place of ordinary residence of your father and should be registered according to registration  act being in force.

3. If registered in foreign country it is mandatory to get it properly attested in india too.

 

For further feel free to contact me..

Rgds 

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

I will prefer you to go for registered will. Conditional settlement deed is totally another concept. If all the settlement has to be made by your father the will will not only avoid rather buried any kind of controversy of the future.

 

If you like my response kindly rate accordingly. Thanks

 

Rgds 

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

He can execute the same as gift deed, settlement deed or will. All should be registered and his fitness certificate from doctor may be taken

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Let your father execute a legally valid WILL clearly mentioning his intention of bequeathing 3 acres to you and the remaining 1 acre to be distributed equally to your 3 sisters. By doing this, your sisters can't challenge your father's WILL for any dispute.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

1. Father, while being alive, may execute a Registered "Conditional Gift Deed" to give away his immovable properties (in manner described by you). This conditional Gift Deed will become effective immediately and shall be irrefutable, legally final and cannot be challenged.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Conditional gift deed is best option wherein your father can enjoy land during his lifetime 

 

it should be duly stamped and registered 

 

3) will takes effect on father demise and can be challenged by your siblings 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Conditional settlement deed is better option 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Settlement. 

G.RAJAGANAPATHY 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

If your father wishes to settle his property amongst you during his lifetime, he may opt for a settlement deed now. Otherwise, he may leave a Will clearly bequeathing you and your sisters appropriate shares.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

- Your father can execute a registered conditional gift deed in your favour after mentioning that after his death you will be the legal owner of this 3 acrres of land and none will have right to claim over the same. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

Your father can transfer his properties to his children in the manner and proportion he may decide.

He can transfer the same either by a  will or by executing a conditional settlement deed. 

I both the cases he would be enjoying his property till his lifetime. 

Registered conditional settlement deed means that your father though transferred his property to the beneficiaries,  they can be benefited from the property only after his lifetime,  provided the condition to this effect is effect is imposed accordingly in the settlement deed. 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

It would be advisable that a conditional registered settlement deed would be a better option since it becomes effective immediately during the lifetime of the donor. 

 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Only with free consent of sisters you can have 3 acres out of four acres. Legally all four are entitled to equal share that is one acre each. Any transfer without their free consent is liable to be challenged and cancelled in future. Sisters are entitled to give consent only to the extent of their share. For Ex. If one sister has two sons and one daughter, she can give consent only for her share which  comes to ¼ acre, same applies to all. Even if she gives consent for one acre, her legal heirs can challenge her consent for their share in future. That is the law.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

Dear Querist

Will is the best option as your father wishes to partition those properties after his death and not before that.

Will should be registered so that in the future no legal complication arises between you and your siblings.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Hi... If the property is self acquired property of your father, then he can write a will and it couldn't be contested, however, if it's a family property then the will not work. 

 

Thanks

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

1. He can execute a will bequeathing his 3 acres of land to you for which you shall have to obtain grant pr probate from the Court by filing a probate application.

 

2. Such probate application to be filed by you after the demise of your father can be challenged by your sisters on various grounds selected by them.

 

3. The best way shall be to register a conditional gift deed by your father where the said land will be gifted to you with the condition that he will use the said land till his death and you shall be its beneficiary after his demise. 

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

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