Mahesh (programmer) 27 April 2011

Settlee died - what happens to settlement

Hi,

My father had given the property (my father bought it with his earnings) to my mother as settlement deed (about 25 years before). Now, my mother passed away, my father is still alive. What would happen to the settlment? Does my father gets back the property in his name? Also, we obtained legal heir certificate when my mother passed away. Does the legal heir certificate wins or is there any possible to get the property go back to my father instead of listed legal heirs?

thanks

Mahesh

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2 Replies

Daksh (Student) 27 April 2011

Dear Mr.Mahesh,

It would be better if we see the terms of settlement (whether it is irrevocable - after your mother's demise whether the property will come back to your father etc.etc.).

Otherwise legally speaking it is a bipartite contract of a self acquired property amongst two individual and if the beneficiary dies ipso facto if the giver is alive the property comes back to him.

Best Regards

Daksh

Mahesh (programmer) 27 April 2011

Thanks Daksh.

I've read the settlement document and it clearly states that the settlement is irrevocable and it doesnt specify anything about "after demise" of my mother. It's just an irrevocable settlement made by my father to mother and she is no more.