Settlement deed versus will
Vikram RMD
(Querist) 02 January 2016
This query is : Resolved
Consider a situation where:
1) Father makes a will for his children A and B, diving assets in a manner he sees fit.
2) Children A and B however sign a settlement deed with each other, in which they divide the assets in a different manner. This is done secretly.
So, after the father's death, what holds the final authority? The will or the settlement deed?
Thank you.
Devajyoti Barman
(Expert) 02 January 2016
If the father is still alive then such settlement deed has no fore in the eye of law.
The property devolves upon them only on death of the father and before that they can not settle the property between them.
Adv. Yogen Kakade
(Expert) 02 January 2016
I agree with Mr. Barman.. If the father is no more and after getting the title as per the terms of the will.. the beneficiaries can do the settlements as per their wish and will.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
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Kumar Doab
(Expert) 02 January 2016
The query is addressed properly.
Rajendra K Goyal
(Expert) 05 January 2016
Agree with the advise from expert Devajyoti Barman.
