settlement deed registered without consent from daughter
KAMALI A
(Querist) 09 July 2016
This query is : Resolved
Hi my father died last month and my brother showed a settlement deed registered in his name in 2010. It was actually my great grandfather's property an he has written a will stating that my grandfather can have enjoyment and after his death should be enjoyed by his legal heirs. A deed of partition was made between my father and his brother in1983 stating the possesion and they will be enjoying the property and after him his legal heirs will have abosulute ownership. Can my father register a settlement deed to my brother without my consent. Will the deed favour my brother alone even if it mentioned in the partition deed that my father can only enjoy and the legal heirs will become absoulte owners. Am I not a legal heir of his. I am not even aware of the settlement deed till his death. I was with my parents throughout taking care till death and medical expenses.
Kumar Doab
(Expert) 09 July 2016
As per your query:
The property was purchased by your great grandfather.
The property has been partitioned and has not remained undivided. However has the partition deed been registered?
You have also posted that: "he has written a will stating that my grandfather can have enjoyment and after his death should be enjoyed by his legal heirs."
This language needs to be studied from whole WILL.
Did your great grandfather mean that it can be enjoyed but not sold? The last wish of the deceased is supreme.
The WILL has been acted upon so copy should be in custody of concerned revenue office/officer.
You may obtain certified copy of all property related mutation record, link documents, WILL from revenue office and show these to a very able counsel specializing in revenue/family/property/civil matters for a considered opinion.
Rajendra K Goyal
(Expert) 09 July 2016
All related documents including will, settlement deed, land purchase documents need to be referred, consult with local lawyer.
