My mom passed away in 2020 and she has a property that is yet to be partitioned among my mom's brothers. My dad has a property which he acquired from a partition from his mom (my grandmother) and he gave it to me through a settlement deed in 2020, after my mom passed away. I have a younger sister, married and have no children. I have following questions - 1. The property which my dad gave me through the settlement deed, is this his self-acquired property, because of the partition , correct? 2. Even though my dad settled the property to me, based on the recent judgement by supreme court, on equal rights for girl child, can my sister go to the court against me on the settlement? 3. Can me and my sister split the properties in such a way that my dads property goes to me and my moms property goes to my sister. How this can be done legally so there will be no future issues .
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It is father self acquired property
2) sister can file suit to claim share but may not succeed as father executed settlement deed in your favour during his lifetime
3) deed of family settlement can be executed duly stamped and registered wherein you relinquish your share in mother property
if i decide to relinquish my share in my moms property, do i need to wait until i get my share as my moms property is not yet partitioned? When i relinquish, i would like to get the deed of family settlement from my sister as well to relinquish on my dads property, and register it to be in the safer side. How this can be written? Is this doable and can it be quickly registered?
1. Yes, It is correct, It will be your self acquired property is got it by way of partition.
2. She may file a case but will not be succeed.
3. It may be possible if there is any mutual family settlement in between the parties.
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Deed of partition has to be executed with your uncles
your mother share would devolve on you and your sister
you can execute relinquishment deed to relinquishment your share
sister can also execute relinquishment deed to relinquish her share in father property
If it's self acquired and it's been given to you then no one will succeed against you in court
Dear Client,
Thankyou
1. yes
2. no
3. for your mom's property you can make a release deed in favour of your sister. the property you got from your dad is already yours and you need nothing from your sister
follow up -
1. even though your mom's share is not yet determined, whatever share you would get from that share, that you can still release in favour of your sister, such that whatever share that comes to your mom upon partition, goes entirely to your sister
your sister does not have any right in the property which was settled in your favour by your dad. that was his self acquired property. so taking any release or any other document from your sister would be like acknowledging that she has certain rights in your dad's property. however you can take an affidavit from her that she has no claim in the property which is settled to you. also a family arrangement deed can be made and signed by both the siblings
1. Yes, it is a self acquired and not an ancestral property.
2. Anybody can go to Court praying or anything. So, your sister also can approach the Court praying for setting aside and cancelling the Settlement Deed on certain grounds to be placed by her.
3. You both can execute and register a settlement deed affirming that the property already given to you through the settlement deed by your father will be with you and that of your mother will be with her and both of you shall sign the said settlement deed to register it. You both will have individual Titles of your properties.
1. You both can register a settlement deed affirming that the property already given to you through the settlement deed by your father will be with you and the undivided and undemarcated share of your mother of her deceased father's property will be with your sister and both of you shall sign the said settlement deed to register it as advised in my earlier post.
2. Engage a local lawyer having expertise in this field to carefully draft the said Settlement Deed.
1. You both can register a settlement deed affirming that the property already given to you through the settlement deed by your father will be with you and the undivided and undemarcated share of your mother of her deceased father's property will be with your sister and both of you shall sign the said settlement deed to register it as advised in my earlier post.
2. Engage a local lawyer having expertise in this field to carefully draft the said Settlement Deed.
1. Your understanding is right in this regard.
2. The recent supreme court judgment has nothing to do in this situation, this is not an ancestral property neither this is an intestate succession, hence don't get confused by reading irrelevant topics.
3. It is an arrangement within the family.
If you and your sister would like to share the properties accordingly then you both may draw a family settlement deed accordinlgy and get it registered in order to acquire clear and marketable title to the properties that you are proposing to acquire individually.
Your mother's share of property has not yet been allotted to her by her siblings hence it would be an premature idea to relinquish the rights of a property that has not been identified nor existing as on date.
Secondly there is no necessity for your sister to execute a registered release deed relinquishing her rights in the property that was transferred by your father in your favor by a settlement deed.
This is not an intestate property nor it is an ancestral property hence there is no necessity for your sister to relinquish her rights in the property where she do not have any rights at all.
Insofar as your mother's share of property is concerned you may have to wait for the partition to happen after which your and your father have to execute a registered release deed relinquishing your rights in that share of property in favor of your sister.
1. Yes, after getting share from the ancestral property ,it will considered as self acquired property , and hence that property was self acquired property of your father.
2. If that settlement deed was executed after taking the consent of all , then it cannot be challenged, as being the owner of the self acquired property he was having his right to transfer without taking the consent of any member.
3. You can enter into a settlement registered deed.
