Inheritence
Arti Rawat
(Querist) 26 September 2013
This query is : Resolved
Hii,,
My question is regarding Property matter..
Mr. Rajeev Kumar and his wife Mrs. Divya, has three sons named Prakash, Ajeet and Amitabh and a daughter named Ritu but he also had taken care of his younger brother's daughter named Madhu since her young age untill she got married. In between their normal routine of life they all entered into a Family Settlement Agreement with due consent of everyone with full signatures and thumb impression of everyone and the Agreement is also duly notarized but NOT on the Stamp Paper. The division of a house was done according to that agreement in which Cash settlement was done with the eldest son Prakash, Ritu & Madhu (Will Madhu be considered a daughter, as their was no adoption agreement done bt it was due to love and affection?) and the house property was divided between Ajeet & Amitabh equally. After 10 years or so from this settlement Mr Rajeev passed away without any "Will" and after 7-8 years of his death Ajeet and Amitabh wants to register the duly distributed property under their name.
Now the question is :
1. Was that Settlement Agreement valid for registration of the property in two son's name?
2. If not then what is going to be the circumstance, is that property will again be divided among his wife and all the children, as per law.
3. Wat could be the procedure now to register the property in both son's name coz both have been using their part as residence since last 12-13 years.
ABDUL RAZIQUE
(Expert) 28 September 2013
if mother is alive she can registered the property in favour of their sons, non adopted child has no right in the property of caretaker.
Arti Rawat
(Querist) 30 September 2013
Thank you for ur reply sir,but can u please brief me with the procedure that if the mother wants to give it to only two sons then?
& is the Settlement Agreement valid??
