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Gayathri (Accountant)     20 May 2014

Settlement deed

Dear All,

                My grandmother had an ancestral property which was transferred to my dad's youngest sister.

Now after the death of my grandmother the property is in the name of my aunt. My grandmother had 7 children.

Out of that 3 are not alive and rest 5 are there. Now the question is what is to be done with the property as my aunt is the owner.

We intend to keep the property for this generation. What is the best way that my aunt could do :

1. Will

2. Settlement Deed

3. Relinquishment deed

The plan is to write off a will in the name of grandchildren ( we are 9 of us). So will that be good to write it in the name of 9 from a selling point of view at a later stage ?

What if we 9 of us, decide on a common person to hold the Power of Attorney for property related issues ?

What will be the consequence if any one among 9 of us are not alive when we intend to sell the property ?

 

Please do advise me on the possible solution.



Learning

 3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     20 May 2014

Will deed is better option... but you all entitle for the property after the death of your aunt...

If any one died, then there legal heirs are entitle for the the said share....

adv.raghavan (Advocate,9444674980)     20 May 2014

Let us not confuse things too much and there is no end for ifs and buts. Let us address the case in hand, Your aunt has a property, if she wants to convey her property rights after her demise,she can go for WILL, or if she wants to convey property during her life time , she can go for SETTLEMENT DEED with LIFE INTEREST. 

Since it is her property she has to decide her successors, in the event of anything happening to any one of the successor or successors, his  or her share will devolve according to HINDU SUCCESSION ACT.

Laxmi Kant Joshi (Advocate )     20 May 2014

agree with the above experts nothing more to add .

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