As claimant under deed of settlement you are absolute owner of property if the property is earned by uncle who settled the property on you. Property can mutated in your name, you can take permission to construct house on property, you can sell the property and you an obtain loan from any bank pledging the property.
Deeds of settlement
Having unmarried my uncle have registered deeds of settlement in favour of me in 2018. He is alive. I want to build a house in the property. Can I do mutation in the property? Can I get loan? Can any heirs claim in the property? Can my uncle sell the property? Please advice and oblige. Thank you.
Asked 1 year ago in Property Law
Religion: Hindu
10 Answers
You can do mutation of property in your name
2) you can get loan
3) uncle cannot sell the property as once settlement deed is done in your name you are absolute owner of property
If your uncle had transferred the property to your name by a registered settlement deed then you become the absolute owner of this property.
Nobody including your uncle can claim any rights in the property after that.
Having mention 'you will get ownership after my death ' in the deeds l face trouble to do mutation. Please advice.
Asked 1 year ago
Don't read between lines or misinterpret the law.
Once the registered settlement is made on your name, you become the absolute owner of the property.
You can very well mutate the property immediately to your name.
It is conditional gift deed
your father can enjoy the property during his lifetime and on his death you would be absolute owner of property
You may face problems during mutation
You have acquired a vested right in the property alongwith the ownership.
Ther terms regarding transfer of ownership in future upon death of tranferror is void.
You can get title to the property from court.
This is all legal aspects.
However since the property is given by your uncle it is better to discuss the issue with him and remove any difficulties amicably and mutually.
- If the said registered deed is unconditional , then you have right in the said property , and you can construct the same, and none have right to claim.
- Further, if there is condition that it will apply after his death , then you cannot claim ownership during his life time.
- If that settlement deed is irrevocable , then the uncle cannot sell the property without taking your consent.
- However, once a settlement deed is registered , it cannot cancel even by the executor.
This is conditional settlement deed, to take effect after the death of uncle. This is called “cotangent instrument.” It can be enforced only after death of settler, that is after death of uncle.
If he has executed registered deed you can proceed
Dear Client,
Deed of settlement won't guarantee ownership. Ask your uncle to make gift deed in your favor. Only after he gifts you the property you can do all these things.
