1. The settlement agreement, if approved in a form of an Order by the court would be enough to confirm/validate the Partition Deed.

2. No, the process cannot be executed in absence of Daughter4. You will have to make her a party in the case. The court will send her summons. If she refuses to come, the Court in that eventuality may proceed exparte.

3. With regard to preventing daughter 4 from challenging her share, you have to stress on the settlement agreement which was duly signed by her. The same can be done during the registration of the settlement as approved by the court.

1) partition deed has to be signed by all members of the family . if daughter does not sign the agreement she can file suit for declaration that partition deed is void ab intio .

2) her presence is necessary . if she doesnt sign the said partition deed it is not binding on her .

3) offer daughter some compensation so that she signs the deed of family settlement . in the alternative provide her share in the property and inform her that deed of partition is going to be registered on such date and request her to remain present . in the event she moves court you can contend she has been given her share and was aware that it would be singed on such date

Partition deed must be signed by all members.after the same is done then she can release her share or you can add the same in partition deed and it goes to other heirs.if she can't come she can execute through POA .

The settlement agreement in the form of court order is the most important document u have and is enough evidence to validate the partition deed. You have to make 4th daughter as a party in case and if she refuses to come then the court can proceed ex-parte. You have the settlement agreement signed by her and u can prevent her from challenging her share by providing the agreement to the court in which she has surrendered her share in favour of ur father.

Dear Client,

Partition deed between all heirs excluding daughters are not valid under law. A relinquishment of rights deed should be executed in favor of your mother.

1.without signatures of D- 4 partition deed is illegal and invalid.

2.no.

3.give D-4 her share in property and get registered release deed executed from her.

1. Was the settlement agreement executed by daughter 4 registered/

2. if not, then it has no legal value now,

3. all the legal heirs of the property shall have to sign the said partition suit which also is required to be registered to give it legal teeth,

4. otherwise she who did not sign may challenge the said partition deed,

5. Your aunties have no share on your mother's share of the property.

Hi, if the settlement arrived at the mediation it has to be approved by the court then it is a valid document and secondly any partition entered with out the daughters is not valid and if they failed the suit for partition you have no choice you have to contest the case on merits.

1.Daughter 4 who has agreed to surrender her share needs to relinquish the same by executing relinquishment deed duly registered without which there would be no surrender/relinquishment by her.

2. No, she can not be excluded from settlement by way of partition deed being one of the LRs

3. In partition deed and family settlement she has to mention that fact of her relinquishment of her share and also that she will not claim any right and share from her father;s share.

1. According to the facts furnished by you, the property was registered in favour of your grand mother who passed in 1974. If it is a property owned originally by your grand mother then by no method of legal interpretation it can be called ancestral property.

2. How did daughter 4 surrender her share in the property? Did she sign a relinquishment deed in favour of your father? If no such deed has been signed by her then there is no surrender by her of her share.

3. Has it been mentioned in the partition deed that daughter 4 has surrendered her share? If yes, she also has to sign the said deed. Without her signatures on the partition deed she can challenge and reopen the partition later on in the court.

4. The process can be executed in the absence of daughter 4 if she has signed the deed of partition.