Settelement deed second time needed?

well here are few options that should be youseful to you .

1. Current Proposal: Father's Settlement Deed

• Your father intends to execute a settlement deed where:
  • He retains a life estate interest (the right to enjoy the property during his lifetime).
  • After his lifetime, ownership of the property transfers jointly to you and your mother.
  • Upon your mother's death, you are to own the property 100%.

2. Legal Implications of Your Father’s Settlement Deed

• A settlement deed executed by your father and properly registered is legally binding.
• If the deed specifies that:
  • Your father’s entire ownership (beyond his life estate) transfers to you and your mother as joint owners after his lifetime, your brother has no claim over the property at this stage.
  • This deed can bypass intestate succession for your father’s share.

3. Ownership After Your Father’s Lifetime

• Post your father’s lifetime, the property will be owned 50% by you and 50% by your mother, as per the settlement deed.
• Your mother’s 50% share becomes her absolute property, making it part of her estate.

4. Ownership After Your Mother’s Lifetime

If no further legal action is taken by your mother:

• Your Brother’s Right: Your mother’s 50% share will devolve to her legal heirs (you and your brother) under intestate succession laws, unless she creates a will or another settlement deed stating otherwise.
  • This means your brother would have a rightful claim to a share of her 50%.

5. Preventing Your Brother’s Claim

To ensure the property transfers entirely to you after your mother’s lifetime, your mother must take further legal steps during her lifetime. Here are the options:

Option 1: Will by Your Mother

• Your mother can write a will bequeathing her 50% share entirely to you.
  • A will is effective only after her lifetime and can be changed/revoked by her anytime.
  • It is crucial that the will is unambiguous and registered to avoid disputes.

Option 2: Another Settlement Deed by Your Mother

• Your mother can execute a settlement deed during her lifetime, transferring her 50% share to you while retaining her life estate interest (similar to your father’s deed).
  • This is irrevocable once executed and registered, ensuring your brother cannot claim her share.
  • The settlement deed would transfer ownership to you automatically after your mother’s lifetime.

Option 3: Gift Deed by Your Mother

• Your mother can execute a gift deed transferring her 50% share to you.
  • This is also irrevocable and provides you with immediate ownership, although it may attract stamp duty.

6. Practical Considerations

• Clarity in the Settlement Deed: Ensure your father’s settlement deed explicitly states:
  • The intention for you and your mother to own the property jointly after his lifetime.
  • The preference for the property to pass entirely to you after your mother’s lifetime.
• Your Mother’s Consent: As your mother’s share becomes her absolute property after your father’s lifetime, her willingness to ensure the property passes to you is crucial.

7. Recommended Course of Action

1. Draft the Settlement Deed Carefully: Ensure your father’s deed is unambiguous and legally robust.
2. Discuss with Your Mother:
   • If she is willing to execute a settlement deed or will, plan this process early.
3. Engage a Lawyer: Work with a qualified property lawyer to:
   • Draft and register both the initial settlement deed and subsequent documents (if required).
   • Address any concerns about intestate succession or future claims by your brother.

In the settlment deed, you and your mother are entitled to the property jointly, hence after your mother's intestate death, you and your brother shall be entitled to a share out of her share in it.

Therefore your mother can transfer her share to your name by a registered settlement deed by retaining life interest in it. 

Yes. Your mother shall transfer her share to you by executing a settlement deed in your favour.

Just let him make a registered will deed, that is all

Originally posted by : S. Gupta
	well here are few options that should be youseful to you . 1. Current Proposal: Father's Settlement Deed Your father intends to execute a settlement deed where: He retains a life estate interest (the right to enjoy the property during his lifetime). After his lifetime, ownership of the property transfers jointly to you and your mother. Upon your mother's death, you are to own the property 100%. 2. Legal Implications of Your Father’s Settlement Deed A settlement deed executed by your father and properly registered is legally binding. If the deed specifies that: Your father’s entire ownership (beyond his life estate) transfers to you and your mother as joint owners after his lifetime, your brother has no claim over the property at this stage. This deed can bypass intestate succession for your father’s share. 3. Ownership After Your Father’s Lifetime Post your father’s lifetime, the property will be owned 50% by you and 50% by your mother, as per the settlement deed. Your mother’s 50% share becomes her absolute property, making it part of her estate. 4. Ownership After Your Mother’s Lifetime If no further legal action is taken by your mother: Your Brother’s Right: Your mother’s 50% share will devolve to her legal heirs (you and your brother) under intestate succession laws, unless she creates a will or another settlement deed stating otherwise. This means your brother would have a rightful claim to a share of her 50%. 5. Preventing Your Brother’s Claim To ensure the property transfers entirely to you after your mother’s lifetime, your mother must take further legal steps during her lifetime. Here are the options: Option 1: Will by Your Mother Your mother can write a will bequeathing her 50% share entirely to you. A will is effective only after her lifetime and can be changed/revoked by her anytime. It is crucial that the will is unambiguous and registered to avoid disputes. Option 2: Another Settlement Deed by Your Mother Your mother can execute a settlement deed during her lifetime, transferring her 50% share to you while retaining her life estate interest (similar to your father’s deed). This is irrevocable once executed and registered, ensuring your brother cannot claim her share. The settlement deed would transfer ownership to you automatically after your mother’s lifetime. Option 3: Gift Deed by Your Mother Your mother can execute a gift deed transferring her 50% share to you. This is also irrevocable and provides you with immediate ownership, although it may attract stamp duty. 6. Practical Considerations Clarity in the Settlement Deed: Ensure your father’s settlement deed explicitly states: The intention for you and your mother to own the property jointly after his lifetime. The preference for the property to pass entirely to you after your mother’s lifetime. Your Mother’s Consent: As your mother’s share becomes her absolute property after your father’s lifetime, her willingness to ensure the property passes to you is crucial. 7. Recommended Course of Action Draft the Settlement Deed Carefully: Ensure your father’s deed is unambiguous and legally robust. Discuss with Your Mother: If she is willing to execute a settlement deed or will, plan this process early. Engage a Lawyer: Work with a qualified property lawyer to: Draft and register both the initial settlement deed and subsequent documents (if required). Address any concerns about intestate succession or future claims by your brother.

Your reply is very clear with attention to detail and it was extremely helpful. Really appreciate it. I could not thank you enough. :)

Many thanks for your clear explanation.

Regards
Koushik