Deed of settlement vs gift deed
Milon Mukhopadhyay
(Querist) 25 June 2016
This query is : Resolved
In 1972, my Father through a Deed of Settlement which was registered in the office of Sub Register at West Bengal, transferred his property to my Mother. It was stated that if any sons does Love Marriage or misbehaves or causes disturbance in the family, in that case my Mother can deprive them from the share of the property. Father died in 1978.2 sons did love marraige and one of them died later. Mother made a Deed of Gift in favor of 4 sons in 1987, and excluded 6 other children as they did not take care of her. Subsequently in 1999, the 4 sons made Mutual Partition amongst themselves and the same was registered.I am one of the beneficiary.Out of 4 brothers who accepted the Gift, 1 brother made a Gift deed in my favor in 1999. He requested me for financial help and over a period of time, i gave him Rs.150000/- in 3 instalments by Bank Drafts The same Gift Deed was registered in my name and mutation was done.In 2008, another brother made Gift Deed in my favor which was registered but at the time of mutation, it was discovered that the holding no of the property was wrongly mentioned and a fresh Gift Deed was made in Jan 2015, which was registered, mutation was done and Land Revenue Dept confirmed the property in my name. This 2nd brother who made the Gift deed originally in 2008 was unemployed and he also asked for financial help. For the next 4 years, i gave him a total amount of Rs.809900/-and I also allowed him to stay in the same flat Whenever he needed medical care I used to provide him.Now after 44 years, one of my elder brother who was not given any share in the property, has filed a Suit against me and other 3 brothers under Section 151 of the Code of Civil Procedure u/o 39 r ! & 2.
My question is can someone challenge my Late Father's Deed of Settlement of 1972 after 44 years ? Can someone challenge my Late Mother's Gift Deed of 1987 after 29 years ? Can my 2 brothers who gifted their share and who were given some financial help by me , can claim that they sold the property to me and it was not Gift Deed ? All the individual share of my property has been registered and mutation done, Parcha done, can any one challenge it and can a court revoke the same ?
The 1 st hearing is on 27.06.2016 in Kolkata and my lawyer will represent me, as i am in Pune.
Kindly advise asap. Regards, Milon Mukhopadhyay
vamsi
(Expert) 26 June 2016
Contact your lawyer
R.K Nanda
(Expert) 26 June 2016
Take help of local lawyer.
P. Venu
(Expert) 26 June 2016
What is the opinion of your lawyer?
Anyhow, not taking care of the Mother and doing love marriage are two different contingencies; the latter cannot be a ground for depriving property - it has no conceivable nexus to love and affection between the mother and the sibling!
Kumar Doab
(Expert) 26 June 2016
Apparently the settlement deed is being shown as defying the inheritance/succession.....................faulted, illegal etc....
The property is in West Bengal that has been practicing Dayabhaga, vide which the father is regarded as the absolute owner of his property; self acquired or ancestral.
Probably the deed of settlement itself is being posed as defective, illegal.................
Have you consulted a very able counsel with copies of all docs on record and suit filed in court?
What is his opinion?
You should preferably get all docs on record examined by your able counsel for a considered opinion.
LCI Expert Mr. Devajyoti Barman is from Kolkota and you can benefit from his counsel.
Rajendra K Goyal
(Expert) 26 June 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with local lawyer.
