Can the settlement deed by revoked by a WILL ?
Manikam
(Querist) 11 May 2009
This query is : Resolved
Hi i am manikam from chennai. First of all i would like to thank you for all who have answered my earlier query..
I have some more question to be asked..
The father had 6 property .which is earned and owned by himself during his life time.
The father has 4 sons and 4 doughter respectivly.in 1962 he giften one of his property to 4 doughters as a settlement deed.and he nominated his wife as a guardian as the doughters are minor.moreover he specically mentioned that he dont have any rights to amend or cancell the same settlement deed in future.in this circumstances.
in 1966 he executed a WILL on which he cancelled the settlement deed executed in 1962.and he gave all the 6 property to his 4 sons ,includeing the one which is gifted to girls 1962.Both the 1962 settlement deed and 1966 will are registered document.and the father expired on 1975 and the mother expired on 1997 till no one filled a partition suit on the above said property.
Now my quetion is :
1) Is the settlement deed (of 1962), revokable or overided by the will executed in 1966 in favour of sons,by father who executed the settlement deed in favour of daughters.
please suggest .
2) In the eye of law .do the daughters have any limitation in year to fill a partition suit on settlemnt property .since it's been 46 years from 1962.
if yes please suggest me regarding this.
It would be much greatfull to you . if you suggest me a overall idea to proceed furhter in filling a partion suit of the settlement property.
A V Vishal
(Expert) 11 May 2009
Dear Manikam,
As far as the settlement deed is concerned it can be revoked only if the deed is conditional, in case its unconditional then the will of 1966 has no overriding effect on the settlement deed, i.e the property settled in favour of the minor daughters holds good.
There is no limitation for the daughters to file a partition suit, since, the property settled by your father is theirs and they have all rights over it.
The present suit for partition between the brothers will be only for 5 properties out of the Six properties.
n.k.sarin
(Expert) 11 May 2009
dear Manikam,as per detail given by you, I think the settlement deed is a final one.The girls has exclusive right regarding 6th property. As far as the will is concerned, it has no over riding effect on the settlement deed.
Girls has a right to go for partitioned.There is no limitation.
In my view the said will is a defected one,through which property already given to the daughter again given to their son by the testator,hence the said will is an ambiguous document and have no legal effect.If so,it can be said that father died intestate and the girl can also claim their share in the remaining five property.
Will can be challenged at any time and their is sufficient ground available.
n.k.sarin
(Expert) 11 May 2009
dear Manikam,as per detail given by you, I think the settlement deed is a final one.The girls has exclusive right regarding 6th property. As far as the will is concerned, it has no over riding effect on the settlement deed.
Girls has a right to go for partitioned.There is no limitation.
In my view the said will is a defected one,through which property already given to the daughter again given to their son by the testator,hence the said will is an ambiguous document and have no legal effect.If so,it can be said that father died intestate and the girl can also claim their share in the remaining five property.
Will can be challenged at any time and their is sufficient ground available.
n.k.sarin
(Expert) 11 May 2009
dear Manikam,as per detail given by you, I think the settlement deed is a final one.The girls has exclusive right regarding 6th property. As far as the will is concerned, it has no over riding effect on the settlement deed.
Girls has a right to go for partitioned.There is no limitation.
In my view the said will is a defected one,through which property already given to the daughter again given to their son by the testator,hence the said will is an ambiguous document and have no legal effect.If so,it can be said that father died intestate and the girl can also claim their share in the remaining five property.
Will can be challenged at any time and their is sufficient ground available.
sanjeev murthy desai
(Expert) 12 May 2009
In this case all daughters have absoluters ownership of 6th property which is acquired under settlement deed..
After the demise of father and mother, all remaing properties equally devolved upon his childern including sons and daughters.
There is no limitation to file a partition suit against that proerties.
Swami Sadashiva Brahmendra Sar
(Expert) 12 May 2009
I agree with mr. vishal and mr. sarin. aproperty already vested in daughter could not be subjected to will by father.
