Memorandum of oral family settlement

Title of immovable property donot pass on oral settlement.

After proabating the will the beneficiary member, shall be  the  owner.

Whether the testator of the Will was alive as on the date of oral settlement?, If the oral settlement was acted upon by name transfer of revenue records, mutation, etc?  The clarification on the points raised will fetch you a proper answer.  Suppose the Will was acted upon by the beneficiaries after the death of the testator, then the transfer effected through Will will remain valid.

I think we discussed the issue on mobile phone on 01st December 2013.

Will executed on 12.04.1984. Testator died on 21.04.1984. Probate on will and Letters of Administration was granted in 1985. Accordingly property mutated in DDA records and property converted to Freehold and conveyance deed was executed by DDA in favour of baneficiary of will in 2001. Memorandum of Oral family settlement was executed in 2002. Which document is valid for ownership rights? Thanks

Will executed on 12.04.1984. Testator died on 21.04.1984. Probate on will and Letters of Administration was granted in 1985. Accordingly property mutated in DDA records and property converted to Freehold and conveyance deed was executed by DDA in favour of baneficiary of will in 2001. Memorandum of Oral family settlement was executed in 2002. Which document is valid for ownership rights? Thanks

Memorandum of Oral family settlement executed in 2002 is valid, if you are in possession of the property of your share.

I was remain in possession of whole property till it was sold and transfer by me. None was complied or acted on family settlement as per terms of the settlement.

It is also an undisputed proposition of law that the decision of a Probate Court is a judgment in rem. A probate granted by the competent Court is conclusive of the validity of such a will until it is revoked; no evidence can be admitted to impeach it except the proceedings demanding revocation of the will. This principle has been reiterated by the Supreme Court in AIR 1984 SC 1866 Rukmani Vs. Narender Lal. It is also not in dispute that although a probate being a judgment in rem binds not only the parties to the case but all other persons in all proceedings arising out of the will. WHAT IS THE EFFECT OF THIS JUDGEMENT?

Thanks for updating.

It is final.