settlement of ancesteral property
krishna
(Querist) 30 March 2010
This query is : Resolved
During 2007 my expired father made a settlement deed dividing property among 3 sons and 3 daughters unequally.Major portion of property has been combinedly owned by elder sister and last son .This happened when my father cannot read what is written in the settlement deed,my elder sister and younger brother had cheated my father and wrongfully made the deed without the knowledge of others.
My question is whether the settlement deed can be squashed in court.
Kindly inform me .
niranjan
(Expert) 30 March 2010
If it is not registered you will have good case.You may file suit for partition,your elder sister and younger brother will come forward with the settlement deed, which wilhave tobe proved,and you will have chance to challange on the circumstances mentioned by you.But if you file the suit to challange the same the burden will be on you to prove that it was done under suspicious circumstances and so it should be quashed and the property be partitoned.
Parveen Kr. Aggarwal
(Expert) 31 March 2010
If the settlement deed is a result of fraud it may be challenged by filing a suit for declaration claiming therein also the relief of separate possession of the property by way of partition.
n.k.sarin
(Expert) 31 March 2010
Mr Krishana, Mr. Parveen rightly adviced
krishna
(Querist) 12 April 2010
settlement deed is registered,but the elder sister is not ready to show to original settlement deed, she gave only a copy of deed.Is there any way to get the original deed and divide the property based on the deed and get registered document between each of family members.pl address me.
