Property
Sayantan Rakshit
(Querist) 09 February 2014
This query is : Resolved
Hello Sir/ Madam..... Ur help is required
A Hindu woman who got married before 1955 can make a DEED of SETTLEMENT (in the year 1991)in favor one son leaving behind the other four (2 sons and 2 daughters) of her one of a property which was brought by her husband (on her name)in the year 1970/71....
Devajyoti Barman
(Expert) 09 February 2014
Since it was bought in her anme, she will be treated as its owner and she can make settlement deed in this respect in favour of anyone she chooses.
Rajendra K Goyal
(Expert) 10 February 2014
She is the owner of the property, she has the right to sell, mortgage, assign, will or gift to any body she wish.
Guest
(Expert) 10 February 2014
Student's academic query!
However, well advised by experts. Nobody has the right to question the lady on her manner of disposal of her property during her life time.
Sayantan Rakshit
(Querist) 10 February 2014
Thanks for ur guidance. But since she has passed away in 2010, then the DEED can be challenged on the ground that it was done unlawfully ie by force / misrepresentation / fraud.
By the by there lies a doctor's chamber on the ground floor, who has the trade license, Electric meter, on his (one of the deprived son of the old lady) name , Insurance coverage on his chamber, and as per Corporation record the ground floor is registered as DOCTOR's Chamber. Now the owner [(as per DEED of Settlement)+ (elder brother of the doctor)] has sold the whole property ,electric meter to another one (outsider)..... then what will be the legal remedy for the doctor who was there or carrying his profession for the last 33-34 yrs approx.
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
Who is the doctor to the deceased?, Your query was whether the settlement deed executed by he is valid or not, it is valid and cannot challenged by other legal heirs.
Sayantan Rakshit
(Querist) 10 February 2014
The doctor is the youngest son of the lady and the lady made the DEED of SETTLEMENT in favor of the elder brother of the Doctor (who is also her legitimate son).
But the elder brother of the doctor may have the documentary right (as per DEED), but the youngest son (i.e. the doctor) of the lady, is using the ground floor of that building for the last 33-34 yrs for his professional purpose (i.e private practice).
By the by as per CORPORATION Record the ground floor is recorded as the "DOCTOR'S CHAMBER" (for the last 30-31yrs)and the single electric meter (present in that building) is of COMMERCIAL TYPE and is registered on behalf of the Doctor's NAME.
Moreover that Doctor owes the Trade License, and the insurance coverage (for ground floor only, which is in his possession)for the last 30yrs.
Then what will be the right of his elder brother (elder brother of the Doctor) who has illegally sold the whole property including the ELECTRIC METER, (which was not in his position) which providing any sort of information to that Doctor.????
Guest
(Expert) 11 February 2014
You are coming forward with the bit by bit information, while the case seems to be of complex nature. In fact your casual queries may perhaps not be helpful to you unless you get personal consultation from some expert by getting the property related documents/ information share with him in full.
However, your link with the property or the lady or her sons is not clear. So, can you mention, in what way you are concerned with the property of lady, the doctor, elder brother who sold the property or the purchaser of the property?
Sayantan Rakshit
(Querist) 11 February 2014
Lady was the owner of that property and she made that DEED in favor of his son in the yr 1991 and the doctor was her last son, and he is carrying his private practice since last 33-34 yrs with the permission of her mother(ie that old lady).
But the lady died in the yr 2010. Now we came to know about her DEED (DEED of Settlement)of that property.
Now the 2nd son (owner as per DEED of Settlement) of that lady sold the whole property to an outsider without giving proper notice/information to the doctor(the last son of that lady / his youngest brother).
Then what will be the remedy for that doctor??????
Guest
(Expert) 11 February 2014
You have already stated almost the same thing what you are stating now, but you are still silent on the issue as to what is your concern with the stated problem?
Rajendra K Goyal
(Expert) 11 February 2014
Better consult a local lawyer and show him all the documents.
If the deed of settlement is held valid the doctors brother has right to sell the property being the owner of it.
Consent of mother by doctor was received, how, if the consent was as tenant he would be treated accordingly.
