Clarification of settlement act
sundararajan
(Querist) 26 September 2012
This query is : Resolved
I am p.sundararajan aged 46 years ,now residing at Chennai ,I have one doubt regarding gift settlement of immovable property act, I have one elder brother and two younger brothers ,when my child hood (6 months baby) my grand father Mr.K.Thangavel udayar have written a settlement on 1968 in my elder brother name (Mr.P.Palanimuthu when he was 3 years old )for our hereditary property ,the property was not earned by him ,it is coming hereditarily ,after me there are two children born to my father ,now my elder brother told As our grand father have written a settlement in his name only ,he can not give any share to us ,Is there any possible to get us the share from the property ,if it so what can do?, How can I get it ?
Thanking you
p.sundararajan
Shashikant V. Patil
(Expert) 27 September 2012
Take out old records and cross check whether the property is ancestral or self earned. If it is ancestral then you and your brother can challenge this settlement by filing suit for partition in the Civil court of law for your entitle share.
M V Gupta
(Expert) 27 September 2012
If the property is ancestral as stated by you, your GF could not make the settlement in favor of ur elder brother. All of u brothers are entitled for equaL share in the property. The settlement deed is invalid. You should take immediate steps to get the deed declared as null and void and claim for partition of the property.
Rajeev Kumar
(Expert) 27 September 2012
Since the property is ancestral as stated by you. Your grandfather can't make a settlement deed in favour of any person. The said deed is invalid abintio. Challenge the validity of deed and file a partion suit for getting your share.
prabhakar singh
(Expert) 29 September 2012
As you state the property was not earned by your grand father Mr.K.Thangavel udayar and you were born on the date he wrote the deed in your elders brother favor,it would be deemed to be valid only for share your grand father had at then depending upon number of coparceners with him.
M V Gupta
(Expert) 01 October 2012
As regards the point raised by Shri Prbhakarji, that the settlement deed may be valid for the share of GF, I feel that a document has to be seen from the intention expressed in the document. If the GF has stated that he was settling the entire property in question to elder brother depriving others of their shares, then it is possible to contend that the entire deed is invalid as GF did not have the authority to settle the whole of the property. What is not stated in the deed cannot be supplied at a later date by others.
