Women's rights on the father's property. even after father settled most of his belongs to his son?
Mahesh
(Querist) 07 March 2013
This query is : Resolved
My Grand Father (Mother's Father) Died in August 2008 at the age 92. Before 2 months of his death (may 2008) my grand father settled mostly of his Land /property to there sons. giving very small amount to my mother.
My Grand pa has three sons and 1 daughter (My mother)
Three sons each of them taken - 9 Ground each
And for my mother they allocated only 5 Ground.
is there is any possibility to claim to make an equal distribution of the total property.
The land is bought by My grandfather. and he did the settlement just before 2 months of death.
This happens in Chennai, India.
My Mother got married in 1983.
Looking for comments on this case.
Raj Kumar Makkad
(Expert) 07 March 2013
As your grand pa had self acquired his properties, he was legally free to settle his property as per his free will and whims which he did prior to his death and thus your mother has legally no right to challenge the settlement.
Instead of hoping for more property, it is now better to keep on sweet relations as no fruitful result can be derived out of any litigation in the given case.
Mahesh
(Querist) 07 March 2013
Sir,
Actually my grandpa didn't settled anything on his own. he was on bed for almost 1 year before his death. So, it is absolutely without his full knowledge (Almost unconscious) , his thumb impression got up in the settlement papers.
is there any chance to make claims?
As i already mentioned, he was 92 Years of age. is there any possibility to claim that, he done without his knowledge.
Previously he used to sign on papers. but on this final settlement. they just got only his Thumb impression.
Sankaranarayanan
(Expert) 07 March 2013
my friend mr makkad explained well , You raised this query now and we are in 2013, but it was happened during the 2008. Why you all silent till these days.
It is your grand appa's self occurred property then no one even his wife have legitimate legal right to be given any one with his wish.
DILIP KUMAR AAGARWAL
(Expert) 07 March 2013
is it a will executed by your grand pa and if so whether there is probate of will is obtained. whether your grand pa divided the property through registered document to his son and daughter. please clear the question.
ajay sethi
(Expert) 07 March 2013
was your grand father mentallyy fit ? you have stated he was mostly unconscious and themb impression obatined . you will have to prove that your grand father was not in position to make settlement deed and it was due to undie influnece and coercion .
Mahesh
(Querist) 07 March 2013
Mr. Shankar Narayannan: Your question is right. But My uncles had surrendered the document only just now. We where fighting to get this documents for almost 4 years. we just came to know only after seeing the property layout.
Mr. Dilip Kumar Agarwal: He didn't wrote any will. He declared it as settlement for each sons and daughter.
Mr. Ajay Sethi: My grandpa knows very well to sign. he used to sign on all his previous documents. But only on this final settlement his thumb impression obtained. Shall we take this as main point to argue that he is very ill even to remember or write is signature. (so physically unfit)
Also, May be as an additional point:. My Grandma still alive. if she can tell that my grandpa is not really conscious while those settlements. will that be taken into an account?? will it be better to get a video statement from my grandma, since she is getting older????
any comments.
I just have one more final question.
all the documents made by my grandpa as settlements for there son's and daughter (My mother).
The land provided to my mother comes in very unfair location. If any one of my uncle is ready to replace there property to my mother's property what will be the procedure??
Does that need to be also made as settlement between a brother and sister? or it will be like purchasing a land??
any suggestions.
ajay sethi
(Expert) 10 March 2013
your grand mother testimony would be important . what would be significant is doctor evidence who was treating your father . whether he was in full control of his mental faculties? you can hype the fact that your grandfather always used to sign all documents but in present case only thum impression has been obtained
your mother will have to move court for setting aside the settlement deed . contact a local lawyer
Mahesh
(Querist) 11 March 2013
Sir,
One of my uncle is ready to replace his land to my mother's land.
so, in tamil nadu how we can register this document type???. My uncle will be providing around 2 Grounds in a prime area and in replace of that he will get the same 2 grounds which allocated to my mother.
What kind of Registration document we have to do this? we just don't want my uncle's children to claim it anymore in future.
Please help us to know which will be better and tax saving in tamil nadu?
will it be better to go for settlement document in between a brother and sister???
Raj Kumar Makkad
(Expert) 11 March 2013
Nothing to add more in the given replies.
