Legal Question in Real Estate Law in India

Dear Sir/Madam

I have a question related to Immovable property (Agri land with a house built on it).

Mr. Laxman aquired the title of the land through the family partition. He had 2 daughters and one son. In 1970, He made a settlement in favour of his wife (Mrs. Laxman) and left the family and married some other lady. He has mentioned in that settlement that the land is settled to his wife for meeting out the future expenditure of the 2 daughters marriage and other ceremonies. He has not mentioned anything about his son who was 2 years old at that time.

In 1991, Mrs. Laxman, made a settlement deed in favour of her son Mr D. At that time both of the daughters have been already married off. Both of the daughters have signed as witnesses in the registered document.

One of the daughter (Mrs R) had left her husband (legally not separated) and came back with a girl child and started living in the house along with Mrs. Laxman and Mr. D.

Mr D. has made his name reflected in all Revenue records and Land / House tax receipt etc. He constructed a small house also. He left the village for employment and business. However both his mother (Mrs Laxman) and his sister (Mrs R.) were living in the house.

Mrs Laxman died and the sister (Mrs. R.) was living alone in the house along with her daughter. After marriage of her daughter (on the advice of her son-in-law), Mrs. R. started taking steps to make claim that she has one-third of ownership in the property.

Mrs. R. is not allowing MR D. to make any development of the land or Sale of the property. She is not vacating the house also. She is having the original Settlement deed made in 1970 made by Mr Laxman to Mrs Laxman. She is quoting that the land was given by father to her mother - only for the benefit of the daughters as there is no mention of Mr.D. (he was 2 years old at that time)

1. Whether the Settlement done in 1991 by Mrs. Laxman to her son Mr.D. is free of claims from her daughters as Mrs. Laxman has not purchased the property by her own funds � merely received from her husband.

2. Whether Mrs. R. can make a claim of share based on the text that the father made settlement to her mother for the expenditure of 2 daughters without mentioning the son�s name?

3. Whether Mr. D. has absolute ownership on his name to sell to third party. If he does so, is it mandatory to make the sale deed on behalf of himself along with his 2 minor daughters.

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