Rights on property registered on settlement deed

Arawind (Querist) 06 May 2020 This query is : Resolved
Family consisting of Old aged parents with 3 children (1-daughter & 2-sons,), all 3 are married living separately with their successors. Elder son purchased a house in year 2005 out his own earnings & later in year 2013 due to family disputes viz. Divorce & DVC with his wife transferred the said house in the name of his mother through registered settlement deed.
Presently, all his cases are disposed.
Please clarify (1) whether his sister, brother or their children/successors has any right to claim the above said house as the same is presently in the name of his mother. (2) Should he make a fresh settlement deed & transfer back the house on his name to avoid any future disputes from his siblings or their successors.

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Rajendra K Goyal (Expert) 06 May 2020
You said:
(1) whether his sister, brother or their children/successors has any right to claim the above said house as the same is presently in the name of his mother.

Reply:
Yes, all the legal heirs of mother would inherit this property, if mother expires intestate / without bequeathing a will.

Rajendra K Goyal (Expert) 06 May 2020
You said:
(1) Should he make a fresh settlement deed & transfer back the house on his name to avoid any future disputes from his siblings or their successors.

Reply:
She can enter into a fresh settlement deed / she can gift the property to you, in many states, stamp duty on gift deed from such relation is free from stamp duty.

Dr J C Vashista (Expert) 06 May 2020
Property can not be transferred in the name of mother through a registered document of "Settlement Deed" until all properties are included for a "Family Settlement".

Dr J C Vashista (Expert) 06 May 2020
Children/ Successor step in to the shoes of deceased and not during life time. The house property (stated to have been transferred by your brother) is self-acquired of your mother and she is absolute owner, wherein "none" else have any right, interest, title or claim. She may bequeath (by will) to either/all or any one of her choice.

Dr J C Vashista (Expert) 06 May 2020
With regards to second question your mother is the only person to transfer it to any one/ all , if she desires.
However, both of your questions are vague, be specific.

Raj Kumar Makkad (Expert) 06 May 2020
You should have to get the gift from your mother because the settlement deed can be made for all the properties held by that particular person. If your mother has no other property except the said house then definitely she can register settlement deed in your favour otherwise she shall have to include every properties she is under her ownership and possession. If your mother is not ready for that then better to have a registered gift-deed which of course shall require stamp duty.

Dr J C Vashista (Expert) 06 May 2020
It is better to show the "Settlement Deed" to a prudent local lawyer for proper appreciation of facts and professional guidance.

Rajendra K Goyal (Expert) 06 May 2020
If you are interested in this property only and if she agree for it, she can gift it to you. It is easy process.

kavksatyanarayana (Expert) 06 May 2020
Her mother may execute a Gift Deed in favour of elder son for the house which was gifted to his mother is best in my opinion. for Gift deeds, the stamp duty is less in many States. Check it in your State.

P. Venu (Expert) 06 May 2020
Yes, it is matter of prudence that the mother transfer back the properties to you, preferably through a gift deed.

T. Kalaiselvan, Advocate (Expert) 08 May 2020
1. The property transferred to his mother's name by a registered settlement deed shall become his mother's own and absolute property.
Neither he nor anyone can claim any share in that property as a right not at least during the lifetime of his mother.
However if his mother is reported to have died intestate then this property shall devolve equally on all her legal heirs.
2. His mother can transfer the property to his name by executing a registered settlement or gift deed.
This shall be one of the best options to retrieve the property by him and also to avoid future disputes or litigation in this regard with his siblings.