LawRato

Validity of settlement deed for undivided property


16-Dec-2023 (In Property Law)
Property was bought by my great grandfather in 1941. He had sold 1/3rd undivided share of the property to two of his grandsons (my father and his younger brother) via sale deed in 1961. My grandmother is the only child to my great grandfather. Including my father, my grandmother has 4 sons. Upon my great grandfather's death, my grandmother enjoyed the 2/3rd undivided share of the property. Both my father (his share ie half of 1/3rd undivided) and my grandmother (half of her 2/3rd undivided) together made a settlement deed to my favor in 1992 (totaling 1/2 undivided share). Post the settlement deed, my grandmother continued to enjoy 1/3rd undivided share and my uncle enjoyed 1/6th undivided share. My grandmother and father died in 1994 and 2007 respectively. Property is still not partitioned. Pls advice whether settlement deed is valid, if my siblings challenge it in court.
Answers (1)

Answer #1
591 votes
Partition and settlement deed are valid. Once partition is effected the transaction becomes complete and the share holders become absolute title holders. Subsequently, they can settle their property accordingly. Siblings may challenge the settlement only when there is some illegality.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."