My mother inherited 4 properties in Chennai from her Mother. 1 property was settled during my Grandmother’s lifetime where my mother has life interest and thereafter to her children. The other 3 properties were settled through a Court decree by way of family settlement after my Grandmother’s demise, and hence I believe that she has absolute rights over these properties.
As my mother is getting old and our family size is too big (6 sons and 4 sisters), we all including my mother now desire to arrange for a settlement deed, so as to avoid any complications later. The intention is to try and settle all daughters with cash (if possible) and for sons settle the properties as per her own wish, based on individual contributions (including financial support in the past and towards settlement for Daughters) and their needs.
Please can anyone assist me with the following queries:
1. Can my mother write a settlement deed independently, or should it require to be signed off by all children?
2. I am right in assuming that she has absolute ownership in the 3 properties settled through a Court Decree.
3. Can the settlement deed include all four properties, or should it exclude property where she has only life interest. What if the settlement deed refers to it and also states that they release their rights in this property in favour of her brothers / mother, who thereafter distributes the same.
4. Can anyone assist with the professional services and take us through the overall process and documentations in this regard.
