Mother's share of deceased son after settlement
RamK2013
(Querist) 14 August 2013
This query is : Resolved
Hi
My father, his brother and mother split the properties few years back through settlement document saying they will not get share in other's assets in the future and registered the document. My father's brother spoiled all the properties he got through settlement. Now, my father passed away and my father's brother want a share for his mother saying she will get 1/3 share which he would like to take afterwards. The earlier settlement document clearly says they will not get share in the future however I'm not sure how they will get a share now. Appreciate your help in understanding the situation, happy to pay consultation fees.
Apologies, the contents of the document is in telugu.
http://tinypic.com/r/16bhi5y/5
Thanks
Devajyoti Barman
(Expert) 15 August 2013
If the said settlement was properly executed and registered then your uncle can not certainly lay claim to the share belonging to others.
Immediately file a suit for declaration and injunction.
prabhakar singh
(Expert) 15 August 2013
Sorry for not being acquainted with telgu,so can't read that.
If the said document is registered then it is binding on all who joined it but if any one was left from being share one had,then such one can forward a claim.
There is no need of any suit on your behalf.
Let the claimant go to court.
You be defendant.
RamK2013
(Querist) 15 August 2013
Thanks for the response, appreciate your help.
M V Gupta
(Expert) 15 August 2013
Having taken his share in the properties, ur uncle cannot claim any share for himself in the properties that fell to the share of ur father. On the death of ur father intestate (u have not stated that ur father left a will) the proprieties will be inherited by all his heirs, i.e., sons, daughters, his wife and his mother in equal proportion. U have stated that ur uncle is claiming the share of his mother i.e., ur grand mother, which he cannot do. Only ur grandmother can claim. As rightly advised by Shri Prabhakarji u need not file any suit. Only ur GM can file a suit if she is determined to have her share.
