• Settlement Deed

My mom had a house & shop building in her name. She has two daughters only, which is me and my sister. My sister's husband threatened my dad and mom , asking to register a settlement deed that he typed or he will not live with my sister. The deed said that the entire building goes to my sister and their only son equally. (he is a minor now 10yrs), no other person has any rights on it. Without knowing the fact that settlement deed will transfer the asset  immediately, my mom signed it. My dad was running business in that shop and they were living in one portion of the house.  
After this settlement, my brother in law took the house, shop, go-down. And made my dad and mom to live in asbestos pent house. My dad did not have any other income/property. So I was sending them money as I was working. After I got my second baby I could not work. After which my dad and mom refused to get money from me as it is from my husbands salary. So my dad and mom are living a hard life, by renting a shop, paying that rent and doing some small rice business. my mom also have to go to shop inspite of her health issues Diabetes, BP, joint pain. She couldnt walk without knee brace. 
They are not coming to my house also saying how many can eat in one persons salary. I cannot tolerate this. Recently we came to know that the property got transferred on that day itself and we were shocked as we thought until my mom is present this house belongs to her and then only it moves to my sister.
My sister is not mentally strong person, my brother-in-law can easily get the property from her later and leave her. 
1. what should we do to prove that mom and dad was threatened? and also that they do not know about a settlement deed that it is not a will?
2.Will any senior citizen law work in this case?
I want the property to go to my mom/dad back, or atleast to add a condition saying that nobody can get the property from my sister , until her son attains 30yrs.

Please advice me some way.
Asked 1 year ago in Property Law from Australia
Religion: Hindu
1) it is necessary to peruse settlement de d signed by your mother to advise 

2) is the settlement deed duly stamped and registered 

3) document which is not stamped and regd is inadmissible in evidence 

4) your mother will have to move court ton set aside deed of settlement on account of coercion 



5) seek stay restraining your sister from creating third party rights on said house and shop 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
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1) does your mother have any emails of threats received from son in law that if settlement deed not executed he will leave your sister ? 

2) any messages ? 

3) your mother had to move court and rely upon said correspondence to make out a case of coercion to set aside settlement deed 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
1. The settlement deed is required to be seen before advising you on the matter,

2.Was the said deed registered? If not then it is not a valid document,

3.If it has already been registered, then the property has been transferred in favour of your sister and her minor son,

4. After the lapse of long time it will be difficult to establish that your brother in law had   threatened your parents to execute the said deed,

5. However, if your sister executes and registers the property back to your father, then only they will be able to get it back legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. In that event the title of the property has been already been transferred in the name of your sister and her son in its entirety,

2. There is no other way unless your sister is convinced to retransfer her share of the property in favour of your father considering his present hardship.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi, as per settlement deed once it has executed it will come into effect after the life time of the settler  and you can't revoke also.

2. So better file a petition under section125 of the Criminal procedure code for maintenance against the daughter as all the property was transferred in her name and she is neglected to maintain the parents.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your mother should immediately file a lawsuit for cancellation of deed which she had executed as it has been executed under force by her. Unless and until the court cancels the deed as illegal it will remain a document of creation of rights. An unconditional deed cannot be revoked.

2. She can also file a criminal case for criminal intimidation and fraud against her son-in-law.

3. No privileges can be claimed by her by virtue of the seniority in age.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. what should we do to prove that mom and dad was threatened? and also that they do not know about a settlement deed that it is not a will?
When was this settlement deed executed and registered ?, if it is less than three years as on this date, your mother can file a suit for cancellation of the settlement deed on the grounds of coercion and fraud played upon her by using force on her by so and so with the reasons that actually took place  Though the chances for wining are very less, this may rattle the issue and some relief by a compromise be given to her if your brother in law is shaken up by this suit. 


2.Will any senior citizen law work in this case?
If your mother is incapable due to her age and health, she may quote the same  in her pleadings.  Senior citizen law may not be applicable to this, clarify from your lawyer. 


I want the property to go to my mom/dad back, or atleast to add a condition saying that nobody can get the property from my sister , until her son attains 30yrs.
Filing the above suit may fetch you some result.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) you and your father can move   move court to set aside gift deed made by your mother .

2) you  will have to make out a case that property was bought for the benefit of joint family 

3) establish that your mother was a house wife and not working . 

4) evidence of your mother  would be necessary  to make out a case
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
1. Such purchase of property in someone else's name is called Benami Transaction,

2. This type of transaction has been barred as per Benami Transaction (Prohibition) Act,1988,

3. So, if the property was purchased/registered before 1988, your father can file a declaratory suit praying for a declaration that the property belongs to him which he had purchased from his earnings in the name of his wife and also praying for a direction upon the Registrar to substitute his name as the title holder of the property in place of your mother's name,

4. If the property was registered after 1988, it's title  can not be claimed  by your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Though your father has funded fully for the purchase f the property and it is a fact that your mother had no income to buy this, as per law any property purchased on the married women shall become her exclusive and absolute property, neither her husband or any other person who financed the purchase can claim the property unless there is word that they have lent money for purchase, for that also the the time limit for recovery of loan is just three years from the date of such loan.
So trying to recover the property through your father on the grounds stated by you is not maintainable and would result as a waste exercise.  You should try to go for cancellation through your mother alone on the grounds already discussed above. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
It is immaterial as to who paid the consideration of the property. What is material is the fact that it was registered in your mother's favour. Your father cannot file the case. The case for cancellation of the deed can be filed only by your mother.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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