I am raising this query to help my friend who is suffering physical & psychological torture due to a settlement deed.
The case history follows
My friend’s grandfather (mother’s Father) had written a settlement deed (a 3 storey building) for his 3 daughters. The settlement deed had been written with multiple life interest.
Life interest 1: My friend’s grandfather
Life interest 2: My friend’s grandmother
Life interest 3: My friend’s mother
Deed summary: The settler (My friend’s grandfather) will enjoy the property till his life time and the property rights will be given to his wife (My friend’s grandmother) after his death. Then, his wife (My friend’s grandmother) will enjoy the property benefits till her life. After her death (My friend’s grandmother), the property rights will be given to his 3 daughters. (Each daughter will solely own one floor each as defined in the deed). The above parties will only enjoy the property benefits and they cannot sell or mortgage the property. After the death of his daughter (My friend’s mother), the property will be transferred to his grandson (my friend), who has the full rights to sell or mortgage the property.
Note: another property of his grandfather had been directly settled to his sons & clearly stated in the daughter’s settlement deed that his sons won’t have any rights in daughter’s property.
Problem summary: All his sons had sold their share of property after the death of his father. Two daughters had taken the control of their share of property (her mother had not objected that) and my friend’s mother alone not taken any steps to take control (because as per the settlement deed, she has no rights legally, she abide the law). After knowing that her sisters had taken control of their shares, she requested her mother to handover her share of property. But her mother is not willing & interested to give that property to one of his son. As per the settlement deed, this is not possible, but at least till her death, her son can enjoy the property was her cunning plan.
Because of this, my friend’s family is suffering with false criminal complaints & spoiled their image in that locality & they decided to release from that settlement deed because they are not interested to occupy that building in future. During that time, one of her brother approached her (friend’s mother) for sale of that property share, post their mother’s death. So, they signed an agreement and she collected advance for that. Because of that, that brother forcefully occupied that building & my friend’s grandmother objects that. My friend’s grandmother started troubling my friend’s family with false criminal complaints etc.
My queries are:
- Is there any chance executing a release deed against that settlement deed without the acceptance his grandmother (current life interest)
- Based on the annuity factor, my friend’s mother is 50+ years & my friend is 30 years, so can they file a suit for getting their enjoyment rights at present legally
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Whether this settlement is valid (multiple life interest) – The settlement deed is registered in year 2002. Can my friend, file a suit that he nor his mother will enjoy that property in their life time & quoting that other two daughters had taken control of the property.
- Life interest 1: My friend’s grandfather – dead in year 2004
- Life interest 2: My friend’s grandmother – alive (age around 68yrs)
- Life interest 3: My friend’s mother – alive (age 50yrs)
