Legal Question in Civil Rights Law in India

Property query

we have house with vacant plot and it was in my grandmother's name who has two daughters and one youngest son. Daughters(My Aunts) got married before 1989 and my grandmom expired on 1985 with unregistered will stating that my father has ownership on our property and no claim for daughters.After my grandmom's death at 1985, my father changed patta,EB to his name on 2002 and all taxes are being paid by him and patta changed to his name from 2002 to till date. Recently My father made settlement(husband to wife settlement) to my mother and have applied patta on her name.

1)Do my aunts has claim in our property?

2)Settlement made by my father to my mother is valid or not?(property was in my grandmother's name but Will to my father's name)

3)Can we Pledge this property to bank to get loan by this settlement document on my mother's name(settlement document is eligible to get loan in bank or not?)

4)In the settlement deed, My father has stated that''He has no rights either to cancel or change the settlement deed''..So the settlement deed is valid for life long ''OR''

5) Settlement document can be cancelled by my father at any time if he wishes?

6)Does ''Pattaa on my mother's name'' is strong factor to say that she has full ownership?


Asked on 1/29/09, 11:33 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property query

(1) No.

(2) Yes, it may be valid.

(3) Yes, the bank may consider / treat the property as collateral / security for loan.

(4) Yes, the deed may be valid.

(5) the settlement may not be cancelled after it is executed

(6) yes, she should be entitled to rights flowing from the Patta.

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Answered on 1/29/09, 10:30 pm


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