Deed of settlement is duly stamped and registered and is binding upon parties
2) no need to bow down to pressure tactics
3) let your siblings file partition suit
4) it would take 15 years to be disposed of
Validity of settlement deed for undivided share in property
Property was bought by my great grandfather in 1941. He had sold 1/3rd undivided share of the property to two of his grandsons (my father and his younger brother) via sale deed in 1961. My grandmother is the only child to my great grandfather. Including my father, my grandmother has 4 sons. Upon my great grandfather's death, my grandmother enjoyed the 2/3rd undivided share of the property. Both my father (his share ie half of 1/3rd undivided) and my grandmother (half of her 2/3rd undivided) together made a settlement deed to my favor in 1992 (totaling 1/2 undivided share of the property). Post the settlement deed, my grandmother continued to enjoy 1/3rd undivided share and my uncle enjoyed 1/6th undivided share. At the time of settlement deed, 2nd son of my grandmother was no more. My grandmother and three of her sons together planned the settlement but two sons didn't sign in the deed. Witness signature was done by my brother and my husband. Please advice whether the settlement deed made to my favor by my father and grandmother is legally binding, as my siblings are threatening me with partition suit and coercing for money.
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
Insofar as the your father's share in the property is concerned, he is the absolute owner of the same by virtue of registered sale deed on his name. Therefore transfer of his share in the proeprty to your name by a registered settlement deed without taking anyone's consent is absolutely correct and legally valid and ther can be no dispute about that share of proeprty iw concerned anytime now or in the future and you can enjoy that share of property as an absolute owner with clear and marketable title to it without anyone' s interference.
However, upon the death of your great grandfather's intestate death, the residual share of property i.e., 2/3rd share in the proeprty left behind by him shall devolve upon his own legal heirs i.e., your grandmother alone (because as per your statement she is the only legal heir who survived her late father to succeed to his estates).
Thus your grandmother becomes absolute owner of her 2/3rd share in the proeprty with clear and marketable title in the same.
Therefore she is entitled to transfer her entire proeprty or a portion of the property to anyone of her choice and as per her desire and decision.
This cannot be challenged by anyone for any reason.
The left out son cannot challenge her act of transferring her share of property to you by a registered settlement deed is absolutely valid and cannot be challenged by anyone, if at all anyone is filing any case seeking a share it may no be maintainable.
Therefore you do not have to budge to any pressure from any quarter, you may ask them to proceed legally which can be handle properly because they do not have valid and legal title or interests in the property.
1. Your great grandfather had sold 1/3rd of his land to your father and his younger brother, whereas he died intestate in respect of the remaining 2/3rd land.
2. Since your grandmother was the only child of her father, she succeeded absolutely to the remaining 2/3rd land.
3. Your grandmother had full competence to transfer the 2/3rd property which had devolved on her and of which she was the absolute owner.
4. Her two signs were not required to be signatories to the settlement deed.
5. The settlement deed is binding and cannot be impeached.
It's valid If they challenge you contest the same in court
We have checked with couple of local lawyers and they are afraid that the settlement deed has chances to be set aside by court, as the property was not partitioned at the time of settlement deed and even now it continues to be in undivided status. Please advice.
Asked 4 years ago
As on date deed of settlement has been duly executed stamped and registered
it is necessary to peruse deed of settlement to advice
Yes it may be set aside on above ground. But for exact advice the detailed study of said case is needed
If the property remains undivided and your grandmother's 2/3rd share of the property has not been identified then she may not be allowed by the registrar to execute the registered settlement deed towards her undivided share in the proeprty.
Hence let she enter into a rgistered partition deed and get her share of property through a registered partition deed, after which she can transfer her share of property to the person of her choice by any mode of transfer by a registered deed.