Settlement deed

Jayesh B Khimani (Querist) 02 February 2014 This query is : Resolved
Dear Sir,
I a have a question.

When A (Father) & B (Son) Jointly purchased a property. Subsequently A (Father) made a Settlement Deed in the name of B (Son) giving away his (Father's) Share with a life interest of A's Wife and A's Daughter. A had no ancestral property during his life term.

After A's Death, A's First Son's Son is contemplating to demand a share in the A's Share given to B. A had Four Sons & Two Daughter. All the sons are separate. B was staying with A. First Daughter is married.

Before A expired, he had took on a stamp paper NOC from all his sons and daughters for the Settlement Deed.

Now what is the Position of B? Can a grand son challenge the said Settlement Deed in question ? Whether such claim is sustainable in a court of LAW ?

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Devajyoti Barman (Expert) 02 February 2014
Since it is self acquired property of A, his legal heirs has no share in it.
B has exclusive right over the property and other grandsons have no semblance of right in it and hence any suit to challenge the settlement deed would be a failed attempt to say the least.

Advocate. Arunagiri (Expert) 02 February 2014
The grand son can not challenge the settlment.

Rajendra K Goyal (Expert) 03 February 2014
In the given facts grand son have no share and claim in the property in question.

malipeddi jaggarao (Expert) 03 February 2014
Agreed with all experts.

Jayesh B Khimani (Querist) 03 February 2014
Thanks for timely advice...

Rajendra K Goyal (Expert) 03 February 2014
You are welcome.

Devajyoti Barman (Expert) 04 February 2014
welcome............

T. Kalaiselvan, Advocate (Expert) 05 February 2014
Now what is the Position of B? Can a grand son challenge the said Settlement Deed in question ? Whether such claim is sustainable in a court of LAW ?
I agree with the experts view and opinion. It becomes the absolute property of B leaving no one to have any right to any share in the property including sons of B

Jayesh B Khimani (Querist) 05 February 2014
Thank you very much, sirs.....

Jayesh B Khimani (Querist) 03 March 2014
Dear Sir,
I a have a question.

My sister has made an unregistered will in the name of one of the brothers son. She has four brothers and one sister. She has only moveable Property.

1)Under the law is it necessary to register the nomination with Bank ?

2)In the event of her death whether the unregistered
will will not be valid and all other Brothers/Sister's son/daughters has any right in her property ?

prabhakar singh (Expert) 03 March 2014
Unregistered WILL is VALID as law does not ask a will to get the same registered.

But it would be prudent to get it notarized and disclosed the same to the BANKER.This kind of hostility would pay rich rewards in future,in case there arises any dispute with regard tothat kind of a WILL.