Family settlement done in Delhi Govt Mediation and Conciliation
My grandfather who had 3 Sons and 4 Daughters passed away in 2010 leaving behind an ancestral house (Ground Floor and First Floor are constructed) which is in name of my grandmother (who also passed away in 1974). The families of all the 3 sons are currently staying in the same house as all the sons have also passed away now.
1) Son1 passed away in 1982 (leaving behind his only son above 18yrs)
2) Son 2 passed way in 2009 ( leaving behind his wife and minor daughter)
3) Son3 (My father) passed away in 2014 (leaving behind Wife, 1 son and 3 daughters all above 18 yrs.)
4) Daughter1
5) Daughter2
6) Daughter3
7) Daughter4
A family dispute started between all the legal heirs last year and took help from Delhi Govt. Mediation and Conciliation Center (Delhi Disputes Resolution Society (Regd.)) to resolve the matter wherein shares of all the legal heirs was mutually agreed.
Since my father got the first floor of the house constructed with his own income 20 yrs. ago so my family was staying on First Floor since that time.
However, the Ground Floor was shared by families of both of my uncles.
At the time of settlement, we wanted that First Floor should be registered under My father's name (as that time my father was alive) however rest can be divided among the other legal heirs and if the house needs to be reconstructed by any builder then we should be allocated area equivalent to First Floor that was constructed by my father.
It was decided and mentioned in the settlement agreement that the house (120 Sq. yards) would be reconstructed with Parking by a Builder and will be divided as follows
Upper Ground Floor - 120 Sq yards (My father)
Ground Floor- 120 Sq Yards (Builder)
First Floor - 40 Sq yards each to 3 Daughters - (Daughter 1, 2 and 3)
Second Floor - 60 Sq Yards each to 2 sons (Son1 and Son2)
However, Daughter4 had a fight over the decision at the time of settlement and decided to surrender her share. (in favour of all)
But, in the settlement agreement it has been mentioned that she has surrender her shared in favor of my father and this was agreed and signed by all (including my parents) at that time.
Now, the Partition deed for the same decision is going to be created where the above said settlement will be registered.
Ques1 – Is partition deed duly signed by all Legal Heirs excluding Daughter4 (whose signed settlement agreement (where she has surrendered her share) from Delhi Govt. Mediation and Conciliation Centre is only evidence available) is enough to confirm/validate this Partition deed.
Ques2 - Can the process be executed in absence of Daughter4 as she is no more in talking terms with any of the family members and not ready to participate in any further paper process?
Ques3- What can be done to prevent Daughter4 from challenging her share from My mother? (Legal heir after my father’s demise as me along with my brother and sister are going to surrender our share in favor of my mother)
Thanks in advance!
Asked 10 years ago in Family Law
Religion: Hindu
