• Settlement deed between coparceners

My grandfather died inestate by leaving few properties. And his property is still undivided and patta also in my grandfathers name...... He wife, son and three daughters becomes coparceners now......... One of the coparcener settled her share in favour of other coparcener secretly..... Is Alienation happened secretly without informing other coparcener is against coparcenery right or not?
Asked 2 months ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

Lawyers are available now to answer your questions.

7 Answers

No

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

a coparcener cannot make a gift of his undivided interest in the coparcenary property without the prior consent of all other coparceners. Such a gift would be considered void and invalid.

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Dear Client, 

It is possible for a coparcener to give up their portion of the joint family estate. A coparcener may give his whole undivided interest to another coparcener or coparceners, and such a gift may be deemed legal whether given with the permission of one or more parties or as a renunciation in favour of all. Renunciation accepted as long as you continue to give him upkeep. However, a coparcener's gift or renunciation of his share in favour of another coparcener or of multiple coparceners is void.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

1. The coparceners have equal right on the property of your late grand father which is yet to be divided and demarcated.

 

2. Any of the above coparceners can transfer the title of his/her undivided share of the said property in favour of any other coparcener or any other person as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- As per law, after the demise of your grandfather intestate , his property would be devolved upon all his legal heirs equally i.e. each will have 1/5th share in the property 

- Further, any of the legal heir can release his respective share in favor of other without getting the consent of other legal heirs. 

- However, as the property is undivided and the patta is also in the name of grandfather , it means that there is no partition of the property has taken place 

- Hence, that alienation is invalid without the demarcation and partition of the property 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

First of all grandfather's self acquired property is not ancestral property hence the legal heirs are not coparceners but they are co-sharers.

All the shareholders have equal rights in the property hence if one of the shareholders decide to alienate his or her share share in the property in favor of a chosen shareholder, there is no legal infirmity in it. If the shareholder has executed a registered release deed without mentioning to who she or he has released her share in the undivided property, then her share of property will devolve equally on all other shareholders and not a particular shareholder.

You have not mentioned that how  and by what mode that your paternal aunt has released her share in the undivided property.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You can challenge the same in court it’s illegal and fraud played upon court

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer