• Settlement of property

My mothers father had a property he died in the year 1991.after his death my grandmother Nd her daughters were enjoying the property. In year 2010 my grandmother gave settlement of here share to one of grandson.my grandmother died only in the year 2013.my mother also gave a settlement to my father in the year 2010. My mother died in the year 2014.there is also a case  in count from 2008 on that property.
now my question is 
1.the property which belong my grandfather Nd still now it's in my grandfathers name can my grandmother give here share only one grandson.
2.can my mother give settlement to father alone when there is case in the count .
3.has a granddaughter I have share r not.
4.has my mother gave settlement to my father  what type of property is it now .
5.can I claim a share in it.
Asked in Family Law from Chennai, Tamil Nadu
Religion: Hindu
Hi, The properties which is fallen to the share your grandmother can bequeath to any body she wants, she has settled only in respect of her share in the property and not the other share.

2. When the suit is pending before the court  and property transferred during the pendency of  the suit is not valid.

3. The property belonging to your mother and it is her absolute property.
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

1. On the death of your maternal grandfather all his heirs i.e his widow and children succeeded equally to his property. Any legal heir could have transferred his/her share to anyone he/she desired. So the transfer made by your grandmother is not without legal authority. It can be challenged only on the ground that the instrument of transfer has not been validly executed,

2. Unless a stay order had been passed by the court your mother was at liberty to settle her share in your dad's favour.

3. The granddaughters have no share during the lifetime of their mother/father. Since your mother has already transferred her share to your father you cannot claim one.

Ashish Davessar
Advocate, Jaipur
19897 Answers
519 Consultations

5.0 on 5.0

1) your grand mother can bequeath her share in property to one grand son 

2)your mother can bequeath her share in property to your father alone 

3)grand daughter has no share in property    

4)once gift deed is executed would be self acquired property of father and  daughter has no share in the said property 

5)you have not furnished details of case pending in court whether any stay has been granted by court or not 
Ajay Sethi
Advocate, Mumbai
28450 Answers
1542 Consultations

5.0 on 5.0

1) on your grand father demise your grand mother , mother and her 2 sisters each had one fourth share in the property 

2) mother can execute gift deed for  her one fourth share to father 

3) your father can bequeath the one fourth share to whom sover he pleases 
Ajay Sethi
Advocate, Mumbai
28450 Answers
1542 Consultations

5.0 on 5.0

Hi, No partition has taken place between your grandmother and her daughters now your mother is died and without getting the partition of her share she has executed settlement deed. Now you can file a suit for partition and plead ignorance about settlement deed and ask for your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

1.the property which belong my grandfather Nd still now it's in my grandfathers name can my grandmother give here share only one grandson.
Yes, she can very well give her legitimate share to anyone of her choice, nobody can question her rights about it.



2.can my mother give settlement to father alone when there is case in the count 
Yes, your mother can give her legitimate share to your father or anyone of her choice.  By the way what is case in count?



3.has a granddaughter I have share r not.
No, you do not have any share in the property that were your mother's father.



4.has my mother gave settlement to my father  what type of property is it now .
5.can I claim a share in it.
Your mother has settled her share of property to your father in which she had full rights as an absolute owner.
You cannot claim a share in it.
T Kalaiselvan
Advocate, Vellore
18663 Answers
176 Consultations

5.0 on 5.0

My grandfather had a property(13arcs) he died in 1991.he did not will r give settlement to that property.
The property is still undivided Nd not made partition by grandmother r there daughters. 
1. Since the property is undivided can my mother give settlement to my father.
Yes your mother can make settlement deed in favor of your father over her undivided share in the intestate property  belonged to her deceased father.



2.has my father is saying I don't have any rights can I clime that settlement made is invalid when it's in joint property.
Your father is right in saying that you have no right in the property which was transferred in favor of your father by a registered settlement deed.  There is no legal infirmity in it hence it cannot be invalid. 




Since my father is saying he ll not give me any property of my mother can I clime for that.
This wat I want know since the property is still not transferred r undivided between my grandmother Nd there daughter  from my grandfather can they give settlement. Can I say this settlement is invalid because it is still a joint family property of my grandfather.
It is not illegal or invalid to execute a settlement deed of undivided share by the shareholder in favor of a person of his/her choice.  Nobody can question its validity or rights. 
T Kalaiselvan
Advocate, Vellore
18663 Answers
176 Consultations

5.0 on 5.0

 In the undivided property your mother can transfer her share to anyone she desires including your father. There is no bar to execution of an instrument of transfer with respect to an undivided property which has accrued to the transferer through succession.
Ashish Davessar
Advocate, Jaipur
19897 Answers
519 Consultations

5.0 on 5.0

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