• Settlement deed

Hi my father in law did a settlement deed about 18 years ago whereby he gave 1/4 of share to all 4 sons and none to his daughter. No
One knew about this document . The family has now knocked down the family home and has each got 3 bedrooms for 3 brothers and only 1 bedroom for my husband . In addition to that asx my husband said they have taken from his share and given to his sister as well and my father in law also has a 1 bedroom now . My question is what’s my husband’s legal rights here . As per the deed he should get 1/4 of the land . They only showed us the settlement deed very recently and since my husband is living overseas they have decided to give him the smaller share. Can they change the deed ? I don’t think they have . We need to understand my husbands keg rights pls thanks p.
Asked 1 day ago in Property Law
Religion: Hindu

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9 Answers

  1. Every sharer is required to get one fifth share in the property it is ancestral as there are fours sons and FIL.
  2. Any sharer who gets less than one fifth can seek proper division of property by filing a suit for equal share of property.
  3. The suit can be filed in district Court.
  4. Husband need not visit India for filing such suit. It can be done through a GPA given to any of his well wisher.

Ravi Shinde
Advocate, Hyderabad
4592 Answers
42 Consultations

Your husband's legal rights primarily depend on the validity and enforceability of the settlement deed executed by your father-in-law. Based on the facts you've shared, here’s a breakdown of his rights and the legal course of action he can take:


1. Your Husband’s Legal Rights:

Right to 1/4th Share – If the settlement deed was legally executed and registered 18 years ago, your husband is entitled to exactly 1/4th of the property, and no one can arbitrarily reduce his share.

Deed Cannot Be Altered – Once a registered settlement deed is executed, it cannot be changed or revoked unilaterally unless there was a clause allowing modifications, which is rare. If they have not legally modified the deed, they cannot reduce his share.

Fraud & Undue Influence – Since they hid the deed from him for years and are now unilaterally making decisions against the original settlement terms, there is a clear case of fraud and unfair division. He has strong legal grounds to challenge this.

Right to Partition – If the family is not following the deed’s terms, he can file a suit for partition in court to claim his rightful share. The court will enforce the terms of the settlement deed and ensure a fair division.

Right to Injunction – If the other family members are proceeding with construction that unfairly reduces his share, he can file for an injunction to stop further construction or alteration of the property.


2. Legal Action He Can Take Immediately:

🔹 Send a Legal Notice – The first step is to issue a strong legal notice demanding his rightful 1/4th share and warning of legal consequences if denied. This will put pressure on them to settle fairly.

🔹 File a Partition Suit – If they refuse to comply, your husband can file a suit for partition in the civil court, asking for the court to intervene and divide the property as per the deed.

🔹 Seek Compensation – If they have already taken a part of his share and given it to his sister or father, he can claim compensation for the loss.

🔹 Challenge Any Forged Documents – If they attempt to show new documents modifying the settlement, we can legally challenge them for forgery or undue influence.


3. Why You Need Professional Legal Support

This is a complex property dispute involving hidden documents and unfair practices. I can help you by:
Reviewing the original settlement deed to confirm his exact legal standing.
Drafting a powerful legal notice to demand his full rights.
Filing a partition suit to enforce his rightful share.
Obtaining an injunction if necessary, to stop any unfair construction.


Next Steps:

I recommend a detailed consultation where I can review the deed and strategize the best legal action. If your husband wants to proceed, I can assist in initiating the legal process immediately.

Would you like to schedule a consultation so we can take the first step toward securing his rightful share? Let me know how you'd like to proceed.

Contact/WhatsApp No - Nine Five Nine Two Five Zero  Zero Zero Six Eight 

Sharan Chopra
Advocate, Chandigarh
79 Answers

I presume Deed of settlement is duly stamped and registered 

 

2) it is binding on all family members 

 

3) you have to file suit for partition to claim your one fourth share in the property 

Ajay Sethi
Advocate, Mumbai
97855 Answers
7937 Consultations

If the transfer of property among his sons was made by your father by executing a registered settlement deed then it is valid and cannot be cancelled or altered suiting any individual's convenience or selfish motives.

Your husband can file a suit for partition and claim his share in the property as per the registered settlement deed.

Now when the entire property is disputed in the partition suit the other brothers will become scared of losing their share in the property hence there are possibilities for an amicable settlement among everyone, therefore the solution for now is to approach court with a civil suit.

T Kalaiselvan
Advocate, Vellore
88056 Answers
2377 Consultations

- If the said property is self acquired property of your father-in-law , then he has his legal right to change and give the said property to anyone without taking consent of any of the legal heirs. 

- However, if the said Settlement deed is registered from the office of Registrar , then he cannot change the same without a court order. 

Mohammed Shahzad
Advocate, Delhi
14903 Answers
226 Consultations

Your husband legally owns 1/4th share as per the settlement deed, and his brothers cannot reduce or alter it.


  1. Deed Cannot Be Changed – If registered, modifications require your husband’s consent.

  2. Equal Share Right – He must get his full 1/4th portion, not a reduced share.

  3. Legal Action – He can issue a legal notice or file a partition suit to enforce his rights.

  4. Sister’s Share – Any share given to her must come from the others, not your husband's portion.

Act fast to secure his rights. Let me know if you need a legal notice draft.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
751 Answers
3 Consultations

If the deed is genuine then as per the deed the each signatory will get their respective share.

Such share can be further altered only with mutual consent of all stake holders. 

Devajyoti Barman
Advocate, Kolkata
23399 Answers
525 Consultations

No they cant change the same you can take legal action against them

Prashant Nayak
Advocate, Mumbai
33128 Answers
215 Consultations

Madam,

Your husband do have equal rights as that of his other brothers/siblings. You may get an special power of attorney from your husband and agitate his rights yourself.  

Ganesh Singh
Advocate, New Delhi
6822 Answers
16 Consultations

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