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balaji n   19 November 2017

Validity of will

A executes a settlement deed in favour his son B.

Details of settlement : To take care of all properties from the date of settlement and also take care of father(A) in a good manner.

After some years A cancels the settlement deed because of B's bad behaviour and utter negligence in taking care of father. 

B signs as witness in the cancellation of settlement in register office.

And on the same day A executes sale of one of the properties mentioned in the settlement.

Now what is the status of the settlement deed ?

Some people say once a settlement deed is executed it cannot be reversed means cannot be cancelled.

 



Learning

 12 Replies


(Guest)

Nothing is permanent in this world. Everytghing can vanish and vanishes by undergoing a set process.

 

balaji n   19 November 2017

It would be better if you can advice legally. I expect an technical answer.


(Guest)

Very philosophical, but appreciable, reply by Mr. Jigyasu!

 


(Guest)

Mr. Balaji,

At first, you are required to decide on what issue you want reply on legal aspects and on what issue a technical answer. If you go through your own question, that is without any head or face. The title of the question is "WILL", you made descriptttion about "SETTLEMENT DEED," you made one of the party to settlement deed as a WITNESS to cancel the same deed, you added descriptttion about SALE OF PROPERTY" and finally asked for the "STATUS OF THE SETTLEMENT DEED."

Not only that in your subsequent short post you desired for legal advice as well as a technical answer. SO, JUST RETHINK WHAT IS THE EXACT PROBLEM, IF THAT EXISTS IN REALITY, AND DECIDE FINALLY WHAT DO YOU WANT TO ASK AND FOR WHAT PURPOSE?

So, now, I wonder, from the utmost vagueness of your query, a question arises, why did not you ask for the tutorial on the property laws as a whole?

 

 


(Guest)

Another befitting reply on his perfect analysis of the question by Mr. Jigyasu!

But, I am of the opinion that it is not a real problem of the querist. The question seems to be of purely an academic nature.

 

balaji n   19 November 2017

MR.JIGYASU

ok the title may be wrong it should have been "validity of settlement deed". I agree.

You cannot expect a situation to unfold as per your vims and fancies.

Its a real life situation and I cannot change what has already happened. So i posted it.

And yes for a lawyer legal advice is technical. For a chartered Accountant accounting and taxation is technical.

Just because someone posting a query doesnt mean you can bulldoze him.

If you are not interested just ignore. Dont blabber.


(Guest)
Originally posted by : balaji n
MR.JIGYASU

ok the title may be wrong it should have been "validity of settlement deed". I agree.

You cannot expect a situation to unfold as per your vims and fancies.

Its a real life situation and I cannot change what has already happened. So i posted it.

And yes for a lawyer legal advice is technical. For a chartered Accountant accounting and taxation is technical.

Just because someone posting a query doesnt mean you can bulldoze him.

If you are not interested just ignore. Dont blabber.

 

@ Mr. Balaji,

I have not ignored your query. Rather responded appropriately that contained answer to your question. But, if you assume that reply and my other response on your subsequent post, as 'bulldozsing', now cowdozing is that the only thing required of you was the sense of proper interpretation. Mind it, nobody can help you by making 100% spoon feeding to solve your purely academic exercise.

Just recheck your own query. You asked, "Some people say once a settlement deed is executed it cannot be reversed means cannot be cancelled." My reply was "Nothing is permanent in this world. Everytghing can vanish and vanishes by undergoing a set process. If you give just a little of pressure on your brain, that was my technical answer.

So, the answer can be both, yes and no, for your question in the absence of adequate discussion of background of the case. But, it is a matter of commonsense, from where you can find and state the background, when your problem is not a real one? Further, if you concentrate on your study material, you can find the process to cancel also.


 

balaji n   19 November 2017

many thanks

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 November 2017

In 10 days only two have responded. One has responded in detail and the other has supported. My conclusion would be that based on the information furnished the settlement can be reversed unless with passage of time it has stage of irreversibility.To state in the words of Jigyasu nothing is permanent, but past is permanent.


(Guest)
Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
In 10 days only two have responded. One has responded in detail and the other has supported. My conclusion would be that based on the information furnished the settlement can be reversed unless with passage of time it has stage of irreversibility.To state in the words of Jigyasu nothing is permanent, but past is permanent.

 

@ Dr. M.P.S. Ramani,

Probably you are in a sheer misunderstanding, if you think past IS permanent. you may like to apply your mind appropriately and would realise that the 'past" denotes "WAS" there but not "IS." available in the present scenario, as the past is merely a compilation or collection of all the events that have already vanished or perished, being not permanent in nature.

So, "WAS", which has already vanished, can never be "IS", as has already passed away with the past. 

FURTHER, may be outwittingly, you have endorsed my views, "undergoing a set process" in the first part of your opinion, where you said, "the settlement CAN BE REVERSED unless with passage of time it has stage of irreversibility."

About irreversability, that also depends on consensual and mutual understanding of the parties cocerned or, if disputed, on the way the things are presented through some very smart lawyers before the court.  

So, nothing is irreversible or impossible. If you read the word "impossible" by splitting it as "I M Possible" that itself speaks that " I AM POSSIBLE."

So, all depends upon the nature of efforts a person does.

 


(Guest)

Dear Dr. MPS Ramani,

I endorse cent persent views of Mr. Jigyasu and also appreciate his tremendous analytical power. Earlier also, I could not resist dittoing and appreciating his views, as I could well understand, what he wanted to convey even through his very precise response to the query of the querist.

If you don't mind, I am also of the view that commonsense and supersense are two entirely different aspects of human life. While commonsense can be achieved only through practical excperience and continuous process of learning in life, and not a compilation of different relevant and even irrelevant ideas of different persons/ authors, in the shape of some thesis to attain some higher qualification, as of practice to achieve supersense.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 November 2017

There is something called figure of speech. When we say a settlement is permanent (or not permanent),  we mean the effect or implications of a settlement. The settlement itself does not matter. But its implications are what that matter. Take the case of a will. A will is not permanent so long as the testator is alive. But after his death his last will is permanent. In other words the implications of his last will are permanent. In life when we make mistakes, we have to suffer the adverse effect of that till the end of our lives.


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