Regarding will & settlement.
Vignesh Prabhu
(Querist) 22 April 2012
This query is : Resolved
1. A Person aged about 90years. Prepared a Registered Settlement deed with his Sons, On 10.01.2012.
2. The same Person Cancelled the settlement deed and prepared a will with all his sons and daughters on 20.01.2012, in front of Notary Public.
3. The same person died on 30.01.2012.
4. We note that in all the documents with the signature, Except the settlement deed. In settlement deed, there is only a Finger Prints.
5. From the above Circumstances, which one is valued and binding with Law.
Adv.R.P.Chugh
(Expert) 22 April 2012
Dear Mr.Prabhu,
1. The cancellation of a registered settlement deed also has to be vide a registered instrument, in absence of the same settlement deed holds good.
2. If it was validly cancelled - the will holds good.
3. Mere finger prints when the person knew how to write and signed on other documents - would make the document suspicious and proof of execution a little difficult.
Regards,
Bharat
Shonee Kapoor
(Expert) 22 April 2012
Rightly advised by Bharat.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 22 April 2012
Was the settler an illiterate?
If no then his finger print would give ride to authenticity of the deed.
Id the deed is not validly executed then it can not be given any effect to ti.
adv. rajeev ( rajoo )
(Expert) 22 April 2012
If the regd., deed is cancelled following the proper procedure then it is valid, otherwise it is valid.
prabhakar singh
(Expert) 22 April 2012
Agreeing with analysis made by Mr.Bharat Chug with addition to his remark 3 that if a person signs and has not signed but a reasonable explanation is given in the deed which states reason of not signing but why putting thumb mark,no problem would arise.
Vignesh Prabhu
(Querist) 22 April 2012
Thanks for your reply Sir.. Its very Useful for us, if u send a relevant case.
