• Family settlement done in Delhi Govt Mediation and Conciliation

My grandfather who had 3 Sons and 4 Daughters passed away in 2010 leaving behind an ancestral house (Ground Floor and First Floor are constructed) which is in name of my grandmother (who also passed away in 1974). The families of all the 3 sons are currently staying in the same house as all the sons have also passed away now.

1) Son1 passed away in 1982 (leaving behind his only son above 18yrs)
2) Son 2 passed way in 2009 ( leaving behind his wife and minor daughter)
3) Son3 (My father) passed away in 2014 (leaving behind Wife, 1 son and 3 daughters all above 18 yrs.)
4) Daughter1
5) Daughter2
6) Daughter3
7) Daughter4

A family dispute started between all the legal heirs last year and took help from Delhi Govt. Mediation and Conciliation Center (Delhi Disputes Resolution Society (Regd.)) to resolve the matter wherein shares of all the legal heirs was mutually agreed.

Since my father got the first floor of the house constructed with his own income 20 yrs. ago so my family was staying on First Floor since that time. 
However, the Ground Floor was shared by families of both of my uncles.

At the time of settlement, we wanted that First Floor should be registered under My father's name (as that time my father was alive) however rest can be divided among the other legal heirs and if the house needs to be reconstructed by any builder then we should be allocated area equivalent to First Floor that was constructed by my father.

It was decided and mentioned in the settlement agreement that the house (120 Sq. yards) would be reconstructed with Parking by a Builder and will be divided as follows
Upper Ground Floor - 120 Sq yards (My father)
Ground Floor- 120 Sq Yards (Builder)
First Floor - 40 Sq yards each to 3 Daughters - (Daughter 1, 2 and 3)
Second Floor - 60 Sq Yards each to 2 sons (Son1 and Son2)

However, Daughter4 had a fight over the decision at the time of settlement and decided to surrender her share. (in favour of all)
But, in the settlement agreement it has been mentioned that she has surrender her shared in favor of my father and this was agreed and signed by all (including my parents) at that time.

Now, the Partition deed for the same decision is going to be created where the above said settlement will be registered.

Ques1 – Is partition deed duly signed by all Legal Heirs excluding Daughter4 (whose signed settlement agreement (where she has surrendered her share) from Delhi Govt. Mediation and Conciliation Centre is only evidence available) is enough to confirm/validate this Partition deed.
Ques2 - Can the process be executed in absence of Daughter4 as she is no more in talking terms with any of the family members and not ready to participate in any further paper process?
Ques3-  What can be done to prevent Daughter4 from challenging her share from My mother? (Legal heir after my father’s demise as me along with my brother and sister are going to surrender our share in favor of my mother)

Thanks in advance!
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1. The settlement agreement, if approved in a form of an Order by the court would be enough to confirm/validate the Partition Deed.

2. No, the process cannot be executed in absence of Daughter4. You will have to make her a party in the case. The court will send her summons. If she refuses to come, the Court in that eventuality may proceed exparte.

3. With regard to preventing daughter 4 from challenging her share, you have to stress on the settlement agreement which was duly signed by her. The same can be done during the registration of the settlement as approved by the court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1) partition deed has to be signed by all members of the family . if daughter does not sign the agreement she can file suit for declaration that partition deed is  void ab intio . 

2) her presence is necessary . if she doesnt sign the said partition deed it is not binding on her . 

3) offer daughter some compensation so that she signs the deed of family settlement . in the alternative provide her share in the property and inform her that deed of partition is going to be registered on such date and request her to remain present . in the event she moves court you can contend she has been given her share and was aware that it would be singed on such date
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Partition deed must be signed by all members.after the same is done then she can release her share or you can add the same in partition deed and it goes to other heirs.if she can't come she can execute through POA .
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
The settlement agreement in the form of court order is the most important document u have and is enough evidence to validate the partition deed. You have to make 4th daughter as a party in case and if she refuses to come then the court can proceed ex-parte. You have the settlement agreement signed by her and u can prevent her from challenging her share by providing the agreement to the court in which she has surrendered her  share in favour of ur father.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0
Dear Client,
Partition deed between all heirs excluding daughters are not valid under law. A relinquishment of rights deed should be executed in favor of your mother.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1.without signatures of D- 4 partition deed is illegal and invalid.

2.no.

3.give D-4 her share in property and get registered release deed executed from her.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Was the settlement agreement executed by daughter 4 registered/

2. if not, then it has no legal value now,

3. all the legal heirs of the property shall have to sign the said partition suit which also is required to be registered to give it legal teeth,

4. otherwise she who did not sign may challenge the said partition deed,

5. Your aunties have no share on your mother's share of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi, if the settlement arrived at the mediation it has to be approved by the court then it is a valid document and secondly any partition entered with out the daughters is not valid and if they failed the suit for partition you have no choice  you have to contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1.Daughter 4 who has agreed to surrender her share needs to relinquish the same by executing relinquishment deed duly registered without which there would be no surrender/relinquishment by her.

2. No, she can not be excluded from settlement by way of partition deed being one of the LRs

3. In partition deed and family settlement she has to mention that fact of her relinquishment of her share and also that she will not claim any right and share from her father;s share.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. According to the facts furnished by you, the property was registered in favour of your grand mother who passed in 1974. If it is a property owned originally by your grand mother then by no method of legal interpretation it can be called ancestral property.

2. How did daughter 4 surrender her share in the property? Did she sign a relinquishment deed in favour of your father? If no such deed has been signed by her then there is no surrender by her of her share.

3. Has it been mentioned in the partition deed that daughter 4 has surrendered her share? If yes, she also has to sign the said deed. Without her signatures on the partition deed she can challenge and reopen the partition later on in the court.

4. The process can be executed in the absence of daughter 4 if she has signed the deed of partition.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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