family settelement
Querist :
Anonymous
(Querist) 21 August 2010
This query is : Resolved
My father executed a registered settlement deed in Chennai,
India,out of his share of 6 flats from his self-aquired property
, which was done under force, in favour of a
son(unmarried,major,4 flats), a daughter(married for 30
yrs,1 flat) born out of an extra-marital affair and the lady(1
flat) in 30-4-2004,ignoring his rest of the 4 children(3
daughters,all married, 1 son, married and has two minor
children) born out of wedlock. My mother passed away in
1994. The unmarried son had legal pressures from his
debtors and hence requested my father to cancel the earlier
settlement deed and give away all the 6 flats to his mother
and sister after executing a fresh settlement deed in
24-2-2008.Since he never trusted his sister it was later
known that he has not signed the cancellation of settlement
deed. He passed away on 1-9-2009 and my father passed
away on 20-2-2010. My questions :
1. Can the Settlement deed which ignores 4 of the legal heirs
be valid?
2.If the Settlements deed are valid, then in this case on
passing away of settlee(son), who among father and mother
are entitled for his property .
3. Is their any chance of me and my sisters claiming for a
share questioning the relationship of the lady(concubine)
and the settlement deeds ?
4.If so, which suit i'm supposed to file ? Partition or
Succession?
Please Kindly guide me.
Thank you.
Chanchal Nag Chowdhury
(Expert) 21 August 2010
Yes. It is valid.It may be too late to challenge the registered settlement.
The property was self-acquired by your father & it is immaterial what his relationship with the lady was.
If U still want to pursue, U will have to file a suit for Declaration, Injunction & possession.
s.subramanian
(Expert) 21 August 2010
Yes. I agree with Mr.Chanchal.
