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Jainantony Antony   08 October 2023

conditions in the settlement deed

Is it possible to sell a property which has obtained by a settlement deed in favour of son by his father but his mother has a life interest in the said property by this settlement deed.If mother agrees to sell by relinquishing her rights in the property is it legally binding on buyer kindly respond


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 2 Replies

Dr. J C Vashista (Advocate )     09 October 2023

It is the mother who may dispose it in terms of settlement.

However, father has no right, interest, claim or title over the property acquired by mother.

Jainantony Antony   09 October 2023

In this case father is not alive. mother has life interests to live in the house and enjoy profits in the said property. but now son wants to sell the entire property with the consent of mother.but in the settlement deed father made a condition that this property can't alienated till the death of himself and his wife ie. here is the mother. so his wife can give a consent to sell the property by avoiding the conditions in the settlement deed

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