• Property

My husband got property from his dad through settlement deed
(My father in law has also given portion of land to his daughter through settlement deed)
Now my husband wants to transfer the property to my name through settlement deed so that I can construct house from the money I got it from selling my mother's property
Now my question is will I landup in any trouble if  anyone from my inlaws side claim for the property
Or my father in law still has any rights on transferred property
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
1) once gift deed or settlement deed executed by father in law in name  of your husband he would be absolute owner of property 

2) your FIL cannot revoke the settlement deed 

3) he has to move court to sert aside gift deed if it was executed under coercion or undue influence 
Ajay Sethi
Advocate, Mumbai
36433 Answers
2022 Consultations

5.0 on 5.0

Once your husband transfers the property to you neither your in-laws nor any of their heirs can claim a share in the property settled in your favour if the settlement made by your father-in-law to your husband is unconditional. 
Ashish Davessar
Advocate, Jaipur
21587 Answers
577 Consultations

5.0 on 5.0

Execute a gift deed in your favor by your husband will be better option and after that nobody can create any problem regarding that property.

Gift deed should be registered.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4346 Answers
193 Consultations

4.9 on 5.0

Your father in law transferred the immovable property on his own volition and he had done it by executing a registered settlement deed in favor of your husband.

Your father in law's rights in the property have been alienated and he has no rights in the property to which he was holding the title until now hereafter.

Since your husband accepted the settlement deed by taking possession and had transferred all the records to his name, he becomes an absolute owner of the property with marketable title on his name.

Once your husband has marketable title to the property he can alienate or transfer or encumber the property in any manner or mode to any person of his choice or desire.

Nobody can interfere with the above rights of your husband.   

Therefore the proposed registered settlement deed o be executed by your husband in your favor cannot be disputed by anyone on any grounds and if anyone does it , the same will not be maintainable in law. 

Your father in law cannot cancel the settlement deed unilaterally as per his whims and fancies, it ill be invalid and unlawful.

Your husband can challenge any such move before the court of law.,
T Kalaiselvan
Advocate, Vellore
26380 Answers
267 Consultations

5.0 on 5.0

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