The dispute amongst family members for family property is common in the society. It is human nature to earn more money as in the present times, money and wealth are necessary for a better life, which could sometimes lead to rifts and property disputes amongst siblings or other blood relatives. For a settlement outside the court or to have your issues sorted through the involvement of court, you could decide it after a thorough consultation with an experienced Family Lawyers In Hyderabad, thus it is advised to seek the advice of a professional before taking any decision as not only the property, but family relations are also at stake.
Family Settlement: Property disputes amongst the family members may start from verbal abuse and may sometimes lead to bloodshed. When a dispute for property arises, family members could approach the court to sort out the issues, however court cases generally take years to come to fruition, people in some cases spend almost half of their life waiting for the court’s judgement. However, sometimes the family members are not in the favor of dragging their family members to court and may try to either solve the issues through settlement. A settlement is an agreement amongst the family members by which they distribute the property with mutual consent.
Kinds of property-
Ancestral property- are joint family property or property which has been in the family for generations and has become the part of inheritance of all the family members who have rights in the inherited property as provided by the law. In other terms, property from grandfather or great grandfathers becomes ancestral.
Self- acquired property- is the property earned by a person himself, it could be transferred to anyone through will as it is personal property of the owner, no one can claim their rights on a self acquired property. It becomes ancestral if the owner of the property dies intestate i.e. without making a will.
Division of property by settlement agreement-
A dispute could arise in a family regarding the division of family for various reasons, generally to solve a family dispute the members of the family agree to mutually divide the family property.
Settlement of the property generally depends on how they wish to execute it. The most important thing to keep in mind while dividing the property is that the division should be done with good faith and free consent.
When family members do not agree for property settlement-
- In case the family members do not agree to the division of property through settlement or are not satisfied with the share given to them after settlement, then the only option available to them is to take the matter to the court.
- Before filing the suit in the court the party has to send a legal notice to the other party, in which it has to be mentioned as to what is their concern regarding the division of property and what share of the property they want. For sending a legal notice, it is advised to appoint an experienced Family Lawyers In Banglore who could properly draft the notice and send it.
- The other party after receiving the notice is expected to send a reply to the notice, if the reply is not sent or the reply is not satisfactory, then the sender can file a suit for partition in the respective court.
Validity of property settlement-
- To ensure a petition deed is valid, it is important to have it in writing and registered along with the signatures of the family members who have a claim over the property.
- In case, the signature of a family member is missing from the deed, then such partition can be challenged in the future.
- Also, two witnesses shall be present as a safety measure and proof of the partition, though it is not mandatory, but is a sure shot safety measure.
Advantages of property settlement-
- It would be better if the matter is solved out of court, although not every case could be sorted out of the court, however if the nature of the case is civil, it would be beneficial for all the parties if the matter is solved with mutual agreement as a civil case could take years to get settled in the court of law.
- Certain advantages of the property settlement could be numbered as follows-
- Time of the parties could be saved
- Money invested in court case for years could be saved by both parties
- As the settlement would be through mutual understandings, the conflict and bitter feelings amongst the parties could be solved.
Conclusion-
It could be inferred from the above article that, wrong settlement is not the only reason for a property dispute. But, in some cases, a family dispute could be the reason for partition in the family. As there are various members in a joint family, their views and intentions could not be similar to every member of the family, thus, some differences are bound to happen, to save the relations amongst the family or to have a peaceful atmosphere amongst the family members, sometimes the family could opt for a division.
While in some other cases, the differences amongst the family members are so deep that they are not in a position to live peacefully with each other, thus it is advised to settle their disputes through mutual agreement. An experienced Property Lawyers In Bangalore could guide you through the legal options available as well as the provisions for the division of property as per the inheritance law.
Lead India offers you a wide pool of experienced advocates who have been successfully dealing with legal issues related to civil issues including inheritance laws, property division, partition etc. for legal advice and assistance you may contact us.
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