Family settlement deed
rahul
(Querist) 28 April 2012
This query is : Resolved
my father had made a family settlement deed with his eldest son
and givem him flat and got it registered in his name by getting the family settlement deed registered. Memorandum of family settlement was entered earlier between father and eldest son in which the eldest son had agreed that after getting this flat he will have no right claim in any other property of his father.Memorandum of family settlement was made part and parcel of the family settlement deed at the time of registeration of the dded. My question is now after the death of father does the eldest son have succession rights on the property of his father or does the family settlement deed restricts him from succession rights it does restricts his right kindly sepcify clearly UNDER WHAT LAW OR SECTION HIS RIGHTS ARE RESTRICTED will it fall under indian contract act 1872 or indian succession act and the property self aquired by father now when i have given that family settlement to patwari my elder brother is asking the patwari not to conider that family settlement and that he should get succession right in his father property which in memorandum he has no claimkindly suggest me what to say to patwari or otherwise what should i do can the doctrine of estopel restrict him from succession rights
Devajyoti Barman
(Expert) 28 April 2012
Mr Rahul
Your tow queries are of two types.
Kindly clarify whether you need the information for your client?
rahul
(Querist) 28 April 2012
no i require it for myself
Devajyoti Barman
(Expert) 28 April 2012
So your father executed family settlement deed , then two Wills???
Clarify on this point.
rahul
(Querist) 28 April 2012
family settlement deed was with his eldest son and was registered inyear 2000 where as the first will was written
in 1992 in which that solan property was given to me where as the last will was writen on in 2003 in which solan property was not mentioned
Devajyoti Barman
(Expert) 28 April 2012
Your elder brother is bound by the family settlement deed.
Prashant Kumar Jha
(Expert) 28 April 2012
I am fully agree with the advice given by my ld frnd Mr Barman
ajay sethi
(Expert) 28 April 2012
yes once family settlement deed has been dexecuted and duly regsitered wherein eldest son agrees not to claim any share in other poperties he cannot now calim any father properties
Sankaranarayanan
(Expert) 28 April 2012
i agreed with the opinion given by experts
prabhakar singh
(Expert) 28 April 2012
WHAT ABOUT THIS RAHUL?????
http://www.lawyersclubindia.com/experts/Will-300546.asp
PLAYING WITH EXPERTS?????
Shonee Kapoor
(Expert) 04 May 2012
Right Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 28 April 2012
