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Indian Law/property settlement through court


Hi, my grandfather has 2 sons(my dad and his elder brother). My dad has 2 sons(me and my elder brother) and his brother has 2 daughters and 1 son. Myself and all my brothers and sisters were married and have children. All the properties are still in my grandfather's name(grandfather and grandmother were dead). Still my father and his brother didn't do any settlement of property in their name. Now the problem is, my brother got a large amount of debt from around 30 people. They were planning to go to court to get their money. I have following questions regarding this,

1. There is no property in my brother's name, but still if those people who gave money goes to court, how will they get their money? Will I get problem in getting my share? If I claim for my share, how long will it take to get mine?
2. My brother has 2 daughters, both were below 5 years of age. Will they get share from their father's property or all his property will go for paying debts?
3. My father and his brother thought of doing settlement for their children, but someone is saying like, if anyone goes to court immediately after settlement, then the settlement will get void. Is that true? If so how to do the settlement without any problem?
4. Apart from my grandfather's property, my father have some property in his name and my mother's name from his own earnings. Will his self earned property also will be taken by court or my father can gift it to anyone he wish?
5. If my father wants to give few of his self owned property to me when he is alive, how can he give it? Is it possible to register it? Do we need my brother's signature for it?
6. Since my father is alive, will my mother get any seperate share for her from my father's ancestral or self earned property?

If a male Hindu dies without making a WILL,then the wealth left by him are distributed amongst his legal heirs equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1.   upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2.   upon the heirs of the husband.
3.   upon the heirs of the father, and
  upon the heirs of the mother.

  In the instant case, through the law of inheritance, after the death of your grand-father, his property will he inherited by his legal heirs. If your father makes any WILL, then it will be distributed as per his WILL,after his death. Otherwise it will devolve upon your mother wholly as per the Succession Certificate to be issued by the court. Thereafter, your mother can make a WILL to distribute this property to anybody of her choice including yourself.
  Alternatively to maintain peace and cordial relation within the family ,you can enter into a    ''Family Settlement Deed''.It will facilitate equitable distribution of the wealth instead of concentration of the same in the hands of a few.Further,it would avoid litigation and will help to maintain reputation of the family. Even Courts have recognised such mode of settlement.However,it will also require registration of the property.In similar way ,Settlement could be made by the members of your grand-fathers family.
Your father can also transfer property during his life-time through a Gift-Deed.He can make such transfer of any property of which he is the owner including self-acquired as well as inherited.
All the above documents would remain valid provided they were executed with free-consent of Executor/Parties.
  In view of the above, please take appropriate decision in the matter in consultation with a    suitable lawyer.  

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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