• Family settlement deed

Hi,

My question is that can a family settlement deed be challenged by the legal hiers of my grandmother if it's an acquired property by my grandmother? Also can you tell me what are the things I need to be careful while making this deed?
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

if it is self acquired property grandmother is at liberty to bequeath it to whomso ever  she pleases 

 

2) she can execute will in favour of beneficiaries mentioned in will 

 

3) during her lifetime she can sell the property or execute gift deed if she so desires 

Ajay Sethi
Advocate, Mumbai
97804 Answers
7925 Consultations

If the property is ancestral, that is purchased by ascendants of grandmother, any settlement among family members can be challenged by legal heirs of grandmother. You need to include all properties and obtain of all major legal heirs in the family so it cannot be questioned in future by any of the legal heirs who signed the settlement.

Ravi Shinde
Advocate, Hyderabad
4564 Answers
42 Consultations

Hi, any documents can be challenged before the court. But whether he will be successful or not depending upon whether  the documents is property executed and all the persons are party in the transactions. So It is better you can get a legal opinion from the advocate and proceed further.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

Dear Client, 

As the property is self-acquired of your grandmother, the settlement deed of that property can not be questioned by legal heirs. Only ancestral property involves the interest of the legal heirs. Important pointers could be to make sure you write about the controversy that led to the dispute and because of which the settlement is made and parties are getting their respective shares.

Thank you

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

1. If the Family Settlement Deed has signatures of all the legal heirs of your grandmother, then no one can challenge it.

2.  As per your narration, it's a self acquired property of your grandmother, then no one can challenge her decision in bequeathing the property by executing a WILL to a person of her choice or your grandmother can execute a registered Gift Deed in your favour by registering it in the jurisdictional Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5478 Answers
332 Consultations

any deed can always be challenged provided the objector has solid proof that such deed was a result of fraud, coercion, misrepresentation, deceit, undue influence, etc

if your GM is still living and its her own property which she is dealing with under the family settlement deed, then her children are mere 'presumptive legal heirs'

they can be totally excluded by the GM in cases where the property is sold in her lifetime or when she makes a Will in favour of any third party for that property

also once all the parties have acted on the family settlement deed and later on anybody tries to raise a dispute then that person will be hit by the doctrine of estoppel which will prevent him from raising any objection

though not compulsory, it is advisable to get the deed duly registered with the sub-registrar of assurances

Yusuf Rampurawala
Advocate, Mumbai
7781 Answers
79 Consultations

Hey,

Since you are saying the said property is an acquired one by your grandmother, it is prudent for you to get the signatures of all the legal heirs with vested interest in the property in the settlement deed to avoid any litigation in the future. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

Your grandmother's self acquired property is her own and absolute property.

She can transfer the same to anyone of her choice and by any mode.

She need not obtain consent or permission from her children for doing this act.

Any challenge by other heirs in this regard may not be maintainable. 

T Kalaiselvan
Advocate, Vellore
88006 Answers
2370 Consultations

- If the said property is a self acquired property of grandmother , and even she got the same from an ancestral property after division , then she having her right to transfer the said property to anyone without taking the consent of any of the legal heirs 

- Further, if she made a family settlement as per her wish then it cannot be challenged by any of her legal heirs legally. 

- Hence, at the time of executing the family settlement , the nature of the property must be mentioned therein and further should indicate that this family settlement is final and non-revocable by either of the legal heirs on any grounds. 

Mohammed Shahzad
Advocate, Delhi
14885 Answers
225 Consultations

Yes it can be 

Prashant Nayak
Advocate, Mumbai
33091 Answers
215 Consultations

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