Civil settlement deed
Ranjith k
(Querist) 01 December 2017
This query is : Resolved
Sir,My mother registered a property in my name which was a settlement deed.My mother got this property from her brother(settlement deed).Now the problem is that my sister is blackmailing me by saying she will file a claim/case to get a share from that property and get a stay order from Court and also will block me from selling the property.will she be able to do such thing to stop me from selling the land and drag the case for years??
Ranjith k
(Querist) 01 December 2017
Sir,My mother registered a property in my name which was a settlement deed.My mother got this property from her brother(settlement deed).Now the problem is that my sister is blackmailing me by saying she will file a claim/case to get a share from that property and get a stay order from Court and also will block me from selling the property.will she be able to do such thing to stop me from selling the land and drag the case for years??
P. Venu
(Expert) 01 December 2017
The settlement is perfectly valid. Your sister has no cause of action in approaching a Court of Law.
R.Ramachandran
(Expert) 01 December 2017
Don't worry. Your sister will not be able to do anything.
Vijay Raj Mahajan
(Expert) 01 December 2017
Prime facie the registered settlement deed in your favour made by your mother seems valid. However it can be challenged by your sister on the ground that it was got executed by you using undue influence and fraud on the mother which otherwise she wouldn't have done in normal course.
I'm not sure if your mother is still alive after executing the deed or not, but in any case the civil suit if filled in the court by your sister after the death of your mother seeking her share in the property than this civil suit may take number of years to finalize and stay of not disposing the property till finalization of the civil suit shall always be there.
What happens at last is to be seen but time factor will always be important issue in this case.
Ranjith k
(Querist) 01 December 2017
Sir,if they file a case and stay the property. For how many years can they drag the case??
Kumar Doab
(Expert) 04 December 2017
It is believed that all of you are Hindu.
Is your mother alive?
Confirm!
Kumar Doab
(Expert) 04 December 2017
She must have appeared in person before the registering authority to sign the deed.
The settlement deed was signed/registered how many years/months back?
Has the ownership also been updated in mutations records.
Is your sister aware of the deed and mutations and can you bring it on record?
Are the illegitimate demands of sister on record and can you bring it also on record that mother confided to sister that she has disposed the property by her free will?
Confirm!
Kumar Doab
(Expert) 04 December 2017
The nature of property from brother’s side and thru such deed is self acquired.
The owner can dispose such property by a valid/registered deed.
The settler (your mother) can if she wants, approach the court to revoke the deed alleging pressure, coercion etc etc and would have to adduce evidence to the satisfaction of court.
Generically speaking; if settler has appeared in person before the registering authority, to sign the deed it does not leave a doubt that it was by free will and sound mind.
The time taken in courts can be guessed from LOCAL counsel.
