If one or two setlees don't agree for sale of property then they may have to approach court with a suit for partition and if the property is indivisible then can seek court's intervention to sell the property and to distribute the sale consideration to all the shareholders.
Settlement deed by mother in favour of chiildren
My mother wants to make a Settlement deed to settle her property in favour of he 8 children. She will have Life interest in the property. After her passing, what will be the recourse the majority of SETLEES they would want to sell the property and 1 or 2 SETTLES do not agree for the sale. The flat is in Chennai. Thanks for your time in responding to my query.
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
1. Let your mother clearly indicate in the Settlement Deed that if majority of Settles desire to sell the property then the 1 or 2 Settles have to agree and respect the majority decision. Whichever Settles desires to retain the property have to give equivalent market rate for those Settles who relinquishes their individual rights over the property in favour of the Settled who desire to retain the property.
2. Under the present circumstances, your mother could opt for executing WILL instead of Settlement Deed.
You will have to file suit for partition for division of property by metes and bounds
2) if property cannot be partitioned court would direct sale of property
It’s better she executes registered will it will save her stamp duty and high registration amount
- Since, your mother has life interest in the property , then she should write /registered a Will in favour of 8 children
- Further, on the ground of said Will , the independent owner can apply for mutation in the respective names.
Dear Client,
A copy of the will, the original property documents, the property owner's death certificate, identification, and proof of address must be submitted by the legal heir (as defined by the will) in order to apply for a transfer of ownership. Consequently, in the event that your mother passed away without making a will, the house would be evenly divided between you and your siblings as legal heirs. The properties of the paternal ancestors cannot be sold without the consent of their descendants. Any number of people may register a Relinquishment Deed in favour of the selected party jointly or severally if they wish to give up their legal rights. Depending on the value of the immovable property, there may be little stamp duty and registration costs. The mutual approval of all remaining legal heirs is required before any deceased person's property can be sold. If a property is still mortgaged, it cannot be sold; in that case, new sale transactions must be completed with original documentation.
Hope this answer proves beneficial to you.
