• Claim after 35 years of registration

My grandfather inherited a share of immovable property from his father (great grandfather). My grandfather divided the property into two parts A and B to his two sons and registered it in the year 1975. He gave A property which has full buildings, to my father's elder brother and B property to my father which has a single house and some vacant land. My grandfather also gave a portion in the vacant land to my father's brother against my dad's wish. He insisted my grandfather that property should be divided separately and independently of each other and it should not cross over his property anticipating some disputes in future. His argument was that the area divided should be separate and it should Cris cross each other property. After much debate and talking my grandfather spoke to my father's elder brother about his argument and the portion in B which was given to my father's brother was given back to my father by due settlement deed and properly registered in 1980. Now the portion are separate with each other.
                       My father's brother died in 1997 with out any settlement to his heirs and the portion A of my father's brother was now under the possession of his wife and his son. 
                       We recently built a use in the vacant land of portion B which is under the possession of my father since 1980. 
                       Seeing this and under malice my father's brother's wife and son approached us claiming the property which was settled to my father in 1980. They say that her husband's settlement to my father was not aware to her and his son (even though they are well aware of it) and now they claim rights on the property. 
                   My father's brother in his settlement to my father has clearly stated even himself or any his legal heirs will not revoke or claim the settlement in future in 1980 and duly registered. He also gave a release deed. 
                        My father's sister who has no involvement here also gave a no objection no claimant release deed favouring my father in 1980 as a precautionary measure.
                  what should be our role now. They are threatening us and says that they would move the court or like this or that recently. What legal remedy I have.  Can they claim the property after 35 years that too saying they are not aware of it after such a long time when both my father's brother and his sister gave a release deed that they don't have any claim over that property which was re-transferred to my father by settlement and duly registered.
Asked 4 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
Once settlement deed is executed it is duly binding upon parties 

2) deed of settlement is duly stamped and registered and property mutated in your father name 

3) even if they move court they may not get any teliefs as claim is barred by limitation

4) consent of uncle wife and son was not necessary for settlement deed 
Ajay Sethi
Advocate, Mumbai
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On great grand father death grand father inherited property 

2) partition was done by grandfather of inherited property among his sons 

3) once partition deed it ceases to be ancestral property 

4) property which has remained undivided fir four generations is ancestral property 
Ajay Sethi
Advocate, Mumbai
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1) it is not ancestral property 

2) claim of uncle son has no value 

3) once division of property had taken place between father and uncle  your uncle was free  to execute settlement deed 
Ajay Sethi
Advocate, Mumbai
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1. Your point is that your father's brother had made a settlement of his property in favour of his brother i.e your father. If the property settled by him was his self acquired or separate property then he was free to settle or alienate it without the consent or knowledge of his legal heirs who did not have any share therein during his lifetime.

2. If they are threatening to move court then tell them to do the honours, and you can contest the case fittingly in defence. 

Ashish Davessar
Advocate, Jaipur
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The property which an individual inherits from his father or grandfather after the partition becomes his separate property which has the same character as his self acquired property. It is not ancestral

Ashish Davessar
Advocate, Jaipur
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If and when a suit is filed to challenge the settlement deed you can contest it in defence.
Ashish Davessar
Advocate, Jaipur
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what should be our role now. They are threatening us and says that they would move the court or like this or that recently. What legal remedy I have.  Can they claim the property after 35 years that too saying they are not aware of it after such a long time when both my father's brother and his sister gave a release deed that they don't have any claim over that property which was re-transferred to my father by settlement and duly registered.

Based on the registered settlement deed, your father is the absolute owner of the property B now, hence any claim made his sister in law is invalid in law.  Let them make any claim or file any suit, the same are not maintainable. The documentary evidences are fully supporting your father, hence do not budge to any pressure.





T Kalaiselvan
Advocate, Vellore
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 I have one doubt whether my father's brother son can claim right of the property based on the original property belonged to my grandfather and that too not my grandfather's self earned property. As mentioned earlier my grandfather got the property as a share from great grand father. ie ancestral property.

Your father's brother son cannot claim a share based on his grandfather's property now because your grandfather has properly distributed the property to his sons as per his desire  and choice, that too legally.
Though it was not your grandfather's self acquired property since he distributed the same to his sons during his lifetime, there is no question of ancestral property as per law, hence your cousin cannot stake any claim in the property in any manner and it will not be maintainable.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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AS told earlier my grand father got it from his father and being divided between his sons. My uncle's son says that the property divided by my grandfather to his sons was not proper and the settlement deed by my uncle to my father (after my father fought the issue with my grandfather that property should not have any links) was illegal since it is not self earned property of my uncle (It is the property given by my grandfather to his son).  Can his claim has any value?

Let him say anything.
None of his grumble will be maintainable 
Ask him to approach court claiming his share, if at all there is any.
He is just trying to rattle the issue to avail some wrongful gains.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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