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Gift Deed vs. Family Settlement

Page no : 2

Romeo (ob)     04 December 2011

Respected Sir,  Does settlement means one of the family member is given his share from the property and he cant claim his share from any other properties?

if yes,  what if the other family member(s) settles a much less value property to one family member  with out his knowledge?  if that family member lives in the settled property for 4 0r 5 years with all the taxes paid in his name,does it means he has accepted the settlement? Sir,can you please share your thoughts on this

Guest (Guest)     04 December 2011

 

 Does settlement means one of the family member is given his share from the property and he cant claim his share from any other properties?

 

A property which is self-acquired or possessed by way of partition can only be settled in favour of a family member.  Once a family member is entitled for any property there is no question of 'share by way of settlement'.  In such circumstances, 'partition deed' is an option.

 

 

if yes,  what if the other family member(s) settles a much less value property to one family member  with out his knowledge?  if that family member lives in the settled property for 4 0r 5 years with all the taxes paid in his name,does it means he has accepted the settlement? Sir,can you please share your thoughts on this

 

If the property is ancestral one, everyone has equal rights (unless agreed by all, in writing).  Once a person pays property tax, it implies that there must be some documents to support his ownership.  Mere paying of tax does not imply that he has accepted the settlement (it might have been accepted in 'protest' also).  If you divulge more information about the nature of the transactions (ie., documents) and ownership, detailed answer can be given.

 


Abhishek (Managing Partner)     03 September 2015

Can a grandfather settle his self squired property in favour of grandson without concern or signatures of other family member Grandfather has bought 50% of Property by own funds and balance 50% by way of will of his wife

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