Legal Question in Real Estate Law in India

My mother aged 61 years (through power of attorney to her son) and only brother aged 34 years together executed an irrevocable settlement deed in favour of minor grandson aged 5 years (my brother's son) retaining settlor's individual life interest. Unfortunately my brother of late has become mentally imbalanced. His (my brother's) in-laws are now threatening to dispose of the property by taking undue advantage of his mental illness. We want the minor son to enjoy the property and not dispose it. We are also not in favour of disposing the property and depositing the white money in bank/court while the black money will be cornered by the wicked designs of my brother's in-laws. We also fear that my brother will be chased out of their house without shelter and food once the deal is over. Kindly advice as to how the property can be protected. Is it possible to cancel the settlement deed. The property is situated in chennai city.


Asked on 11/13/10, 11:30 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

In view of life interest of your mother retained under the settlement deed and in view of minority of your brother's son who would be getting the property absolutely only after your mother, there may not be any buyer for such a property.

Further, for sale of minor's property, a permission of court would be necessary and during such proceedings, you may put forth all your apprehensions and resist grant of permission. A permission to sell property of minor is granted by the court only if same is in the best of the interest of the minor and at the market value.

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Answered on 6/05/11, 10:19 pm


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