Family settlement deed

Hi, 

 

Yes, you can claim your share. 

 

Follow the steps

 

First - Send a legal notice. 

Second - File a suit for declaration, partition and injunction. 

 

For better guidance feel free to contact me through OLQ. 

Legal Remedies for Your Mother & Her Sisters:

1. Challenge the Family Settlement Deed (1982)

– If the deed was executed without the consent or knowledge of your mother and her sisters (legal heirs) and only favoured the son, it can be challenged for:

Lack of fairness,

Absence of signatures from all co-sharers, and

Fraud or suppression if done secretly.

 

2. Seek Partition & Declaration of Right

– Your mother and her sisters can file a partition suit in civil court to claim their equal share, especially if:

The property is ancestral or jointly inherited, not self-acquired.

The 1982 deed was not registered properly, or was one-sided.

 

3. Challenge the Power Given to Promoter

– If your uncle gave Power of Attorney without being the exclusive owner, you can:

Send a legal notice to the promoter to put a hold on any development/sale,

And file a suit for injunction to stop further alienation.

 

4. Apply for Injunction to Protect Property

– To prevent sale, mutation, or construction on the land until your rights are settled.

 

Personal perception:- 

 

“The family settlement done without your mother and her sisters' consent may not be legally binding. I’ll take strong steps to assert their rightful share — challenge the old deed, block the promoter’s actions, and file a partition suit if needed. Don’t let your rightful inheritance be denied. Let me fight for your justice — discreetly, powerfully, and lawfully.”

 

If you are interested kindly get back to me through OLQ.

As per Indian succession laws, particularly the Hindu Succession Act, daughters are legal heirs and entitled to a share in their father's self-acquired or ancestral property, unless it was disposed of through a valid legal document during the father's lifetime. If the family settlement deed executed in 1982 was not signed or consented to by your mother and her sisters, and if it involved ancestral property or joint family property, the deed can be challenged in court for being invalid or unfair. Moreover, mere power of attorney to a promoter does not transfer ownership rights. Your mother and her sisters may file a civil suit for partition and declaration to claim their rightful share and challenge the deed, especially if there is no registered Will. Consultation with a property lawyer is strongly advised to evaluate the deed's validity and proceed with legal remedies.

Any family settlement that excludes rightful heirs (especially in ancestral property) without their knowledge or consent is not legally valid against them. However, if the 1982 deed was shown as a "family settlement" and not a "gift," then it implied mutual consent — which did not exist. File a civil suit for partition and declaration in the civil court, Seek injunction to stop further sale/construction by the promoter, If already sold, file for cancellation of the power of attorney/sale deed executed without your mother’s and sisters' consent.

Dear client,

If the property was ancestral, your mother and her sisters have a right to it, and the 1982 family settlement made without their consent can be challenged. After the 2005 law change, daughters have equal rights in ancestral property. If the property was self-acquired by your grandfather and he gave it to his son during his lifetime, then your mother may not have a claim. Also, if your uncle gave power to a promoter without their knowledge and they have a share, that act is not valid. You should check if the property was ancestral and consult a lawyer to file a case if needed.

 

I hope this answer helps, in case of future queries, please dont hesitate to contact us.