validity of DHANA settlement as per Hindu Laws

75 votes

In Hindu Law, a dhana settlement is a form of family arrangement where the family members come together and agree to divide the family property among themselves. Dhana settlement can be made orally or in writing and is generally recognized by the courts if it is fair, equitable, and made without any fraud, coercion, or undue influence.

The validity of dhana settlement under Hindu Law depends on various factors, including the legality of the property, the capacity of the parties to enter into the settlement, and the fairness of the settlement.

If the property being divided is legal and the parties involved in the dhana settlement are competent to enter into a contract, then the dhana settlement will be considered valid. However, if any of the parties are minors or have been declared mentally unsound by a court, then the dhana settlement will not be valid.

Additionally, if the dhana settlement is unfair or made under fraud, coercion, or undue influence, it may be challenged in a court of law. In such cases, the court will examine the circumstances under which the settlement was made and decide whether it should be set aside.

Under Hindu Law, a person has the right to dispose of his self-acquired property as he sees fit, subject to certain limitations. 

As per the Hindu Succession Act, 1956, the wife of a Hindu has the right to a share in her husband's property, including his self-acquired property, in case of his death. Similarly, the children of a Hindu have a right to inherit their father's property, including his self-acquired property.

Therefore, a dhana settlement that completely excludes the wife and children of a Hindu from his self-acquired property may be challenged in court. However, a Hindu may be able to make a dhana settlement that gives a lesser share to his wife and children, provided that the settlement is fair and equitable, and is made without any fraud, coercion, or undue influence.

LawRato LawRato

976 votes

Sir/Madam,
Normally 'Dhana Settlement' is absolute in nature and irrevocable too. Unless if any clause specifically contains revocable points your father can repudiate the same at any time. But as far as your claim is concerned according to me there is no hold for your mother, daughters and son, since your constituted settlement for his self acquired property. You have check there is any other possible points there to declare that the property is not self acquired and bought from your mother's sridhana property or from ancestors money.

Advocate B. Thirunavukkarasu LawRato

942 votes

Hello,

You can challenge the settlement deed if there are some imperfection in the same or if it was obtained by undue influence or blackmai.

you mentioned that there was only one witness to the settlement deed, that itself makes it invalid as the settle ment deed needs two witness.

Therefore you can file a suit for declaration that the settlement is null and void.

Regards,
Aditya

LawRato LawRato