suit
sudhirghabasu
(Querist) 06 June 2014
This query is : Resolved
Sir, I am advocate sudhir. A deceased person had written a settlement deed on his grandchildren. As per the deed he had settled the property on his grandsons (2). In the deed there is a clause that the 2 grandsons shall perform the marriage of his granddaughter out of the income from the house property. All the three of them were minor at the time of execution of the deed. Subsequently the settlor passed way. All the 3 of them become major. But, the two male settlees never performed the marriage of their sister. She got married out of her own income, in very simple manner, from her own savings which she earned by doing tailoring work from her 14 years of age. The marriage was held 17 years before. Now there is a dispute within the family therefore we issued notice to the male members to partition the property on 10.05.2014 . From their reply we came to know about the settlement deed. We got a copy from the SRO it is true that the property is settled on the grandsons with a clause /obligation upon the settlees to perform the marriage of their sister. They had not perform the marriage of thier sister. I am appearing for the pathetic woman. This is a legal aid case. Can file a partition suit and challenge the deed. If not what is the other remedy. They had not perform the marriage of thier sister. What prayer I can chose to help the woman. Sudhir advocate District legal services authority.
Dr J C Vashista
(Expert) 07 June 2014
The settlement made on behalf of minor(s) by grandchildren of deceased is void ab-initio, illegal and invalid.
Yes, you should ask for partition from all share holders (including female); the settlement is not binding upon your client.
sudhirghabasu
(Querist) 07 June 2014
Reply notice it was stated that the grandsons are the obsolute owners by virtue of settlment deed and my client has no share. Only by perusing the reply notice we came to know about the settlement deed. Vashista sir is there any authorities on support of your advice.
Biswanath Roy
(Expert) 09 June 2014
SISTERS CAN CLAIM THEIR MARRIAGE EXPENSES FROM THE BENEFICIARIES OF THE DEED OF SETTLEMENT AND CAN PRAY FOR ATTACHMENT OF THE PROPERTY AND FOR APPOINTMENT OF A RECEIVER TILL THE MARRIAGE EXPENSES ARE RECOVERED.
T. Kalaiselvan, Advocate
(Expert) 10 June 2014
I agree to the opinion rendered by expert and senior learned counsel respected Mr. Biswanath Roy sir. You can file a money suit claiming thee marriage expenses by listing out the expenses including that of the purchase of jewels, household articles, cash amount given to the groom, marriage incidental expenses, etc along with an application for attachment of property before judgment. This will certainly bring them to a negotiable situation wherein you can prevail upon them to achieve your purpose.
