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Ketan (Finance Consultant)     18 October 2023

How to execute family settlement on same day?

Hi,

There is a family settlement being arrived between one son and rest of family. The son lives with family and is supposed to vacate the house after the settlement amount is received and settlement deed is executed.

The dispute is that rest of the family is having fear that what if the son does not vacate the property even after taking settlement amount and executing settlement deed. and hence they want to hold 50% of amount and give it after son vacates the house. Whereas the son has fear that the family will not pay anything after he releases possession since the son only has possession and no other legal right in property.

How to exchange possession and settlement amount simultaneously. This must be a general conflict in several family settlements. What is the best remedy for this ?



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 October 2023

To be executed as soon as court orders gets it. First, all the legal heirs would have to apply for succession certificate/ letters of administration in court. After that, the deed of family settlement can be executed and registered, once the shares of all the legal heirs of your father are ascertained by the court.Your siblings are a little misinformed.

T. Kalaiselvan, Advocate (Advocate)     18 October 2023

If you think it on your way, he may think it as per his understanding.

Hence better ask him to vacate by taking the DD for the compromise settlement amount while phycically vacating the property

Shashi Dhara   18 October 2023

Compromise in lok adalat pre litigation and settle before court infront of judge same day by paying remaining amount.

Sidhhi   20 October 2023

What Adv Kalaiselven suggested is better solution if you have arrived at Consent Terms and got it registered as it involves monetary amount.

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