Executing the Deed

My problem is regarding the Settlement Deed executed by my late wife Rajeshwari. We have three sons. I purchased a property in Chennai long ago, in the name of my wife. It was a 300 sq.ft. house on a 1000 sq.ft. plot. Gradually, I developed the house to 1000 sq.ft. ground floor and 900 sq.ft. first floor. All the expenses were borne by me from my salary. No contribution was made by my sons. My wife died two years ago.

Since then I am living at the above-said house all alone. Each of my sons are living near their in-laws’ houses respectively. My wife executed a settlement deed for the house only to two sons. The third son is demanding his share now. In this situation, how do I cancel the Settlement Deed? What other ways are available to solve the issue? Shall I prepare a Will to set aside the settlement deed? Please help.

V. Shanmugam, Vellore

If the property was purchased in the name of your wife, the same has to be treated as her absolute property. Exercising her ownership, she has executed and registered a Settlement Deed in the names of your two sons. Your third son may not have any right over the property in the above circumstances. You cannot cancel or modify the terms of settlement executed by your wife.