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Siva   15 July 2015

Settlement of property

Mr.A had 2 sons and 2 daughters. He made a settlement of his immovable property acquired by him in favour of  his elder son with a condition that he has to maintain his father and mother till death. On the failure to satisfy the conditions, Mr.A revoked the settlement. 

He made a fresh settlement in favour of his both sons to enjoy the possession and thereafter to grandsons. Now, his younger son with his family is residing in the house. The elder son and 2 daughters made a suit against the younger son and his sons and daughter. In the due course, elder son and elder daughter of Mr.A died. But their legal heirs had Power of attorney to continue the proceedings.

My question is a  can property once settled  be revoked ? If so, can daughters claim share in the settled property?

In case of death of settlee what is the consequence?

Can the legal heirs (including daughter) of the settlee claim share in the property of their grand father and they want to sell the property ?

 



 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 July 2015

Sir,

 

Since it has been mentioned that the property acquired by him, it seems to be a self acquired property right, so if it's a self acquired property Mr. A can dispose off in any manner he wants to,

Is the settlement deed registered ?

Yes in case of the death of the settlee the property be passed their legal heirs further.

 

Warm Regards

Kapil Chandna Advocate

9899011450


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