About dhane settlement deed

Question

► Property bought by my father in favour of in my mother name on 1982. And then my mother did settlement to me and to my first younger brother in 1984. And then in 2007, we both have to our parents as dhane settlement deed. In that we mentioned after there life time, the settlement will return to us. And also other two (i.e. my elder sister and second younger brother as no rights in this). Now patta is in the name of my mother. Now I had applied for patta name transfer. Whose name will appear on the patta?

Answer 1

Dear Sir,

As long as your mother is alive and the 2007 document effectively gives her life interest or present enjoyment rights, the patta is unlikely to be transferred directly into your name at this stage. Revenue authorities generally follow present possession and title, not future or contingent rights. Your right (and your younger brother’s right) to get the property back arises only after the lifetime of your parents, based on the condition mentioned in the 2007 deed. Therefore, the patta will typically remain in your mother’s name (or in the name of surviving parent) until their lifetime ends.

Only after the demise of your parents, and upon producing the relevant documents (including the 2007 deed and death certificates), you and your younger brother can apply for mutation of patta in your favour as per the reversion clause. The exclusion of your other siblings will hold good if the documents are validly executed and there is no successful legal challenge. Hence, at present, the patta will continue in your mother’s name and not immediately transfer to you.

About dhane settlement deed

1 Answer