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Settlement deed property- occupied by one party Settlement deed property- occupied by one party

1 month ago

My grandmother settled her property to her 3 daughters(my mother is 2nd daughter). Property layout is divided into 3 partitions and registered as a settlement deed with partition diagram. However younger daughter has occupied the entire property since 2017 and refusing to vacate other 2 party's portion. Please advise how to proceed further on this issue and also confirm whether it will take 10 to15 years for judgement if we take legal action.

Anik

Responded 1 month ago

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A.Dear Client,
The executed Settlement deed is binding on all the parties. If any of the parties are not included or have not signed the deed, then it becomes void. In this situation, you can seek to execute the deed either through meditation/arbitration or litigation. The meditation/arbitration redressal mechanisms are time and cost-effective as compared to litigation. In case the alternative dispute resolution mechanisms fail, you can file a suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the jurisdictional civil court seeking an injunction, and plead to exercise its inherent power to do justice under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC in the case. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vidhikarya

Responded 1 month ago

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A.Dear Client,
If the settlement deed is executed for the division of family property then it must be signed by all the parties. If any of the siblings are not included or have not signed the deed then the deed becomes void. Settlement deed once executed then it becomes binding upon the parties. The execution of a settlement deed is possible either through mediation(Alternate Dispute Resolution), Arbitration, or filing a civil suit under the Specific Relief Act. If there is no scope for settlement of a dispute between the beneficiaries either through mediation or arbitration which are less expensive and less time-consuming and typically faster than a civil suit, then you have to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC praying the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vidhikarya

Responded 1 month ago

A.Dear sir,
On the basis of settlement deed you have to enter into your respective portions and led the younger daughter go the court.
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