revoked deed of settlement
Querist :
Anonymous
(Querist) 29 November 2010
This query is : Resolved
My wife aged 83 and I (aged 88) live in my self acquired flat in Chennai Our 3 grown up children live separately with their families having their own avocations. One of them is a girl living with her husband and child happily. and the other two are boys, the younger one settled with his wife and children in a well-to-do matter abroad. However the other son, eldest aged 62, has, since four decades, been keeping himself aloof and never cordial with not only us, but with all our friends and relatives including his own siblings. He has, practically cut off himself from us. But off and on whenever in trouble, he has been receiving financial and moral help from me, which as a dutiful parent I felt obliged to give him. The financial help has been considerable and was at times necessitated to rescue him from very serous situations in which he found himself.
He never cares about us and other members of the family nor exhibits any interest in whatever is happening in the family. His own life style has not been transparent to us but it did come to our knowledge that his marital life has not been smooth as he has been changing life partners a few times. These matrimonial deals had taken place without our knowledge or blessings. but only came to our notice whenever he was subsequently in legal trouble needing our help.
Now my query is with regard to the inheritance of my self earned moveable and unmovable assets. I have. by long service saving and investments acquired a flat, some equities, and valuable household items. and some money... M y second son and daughter have been very affectionate to us, and helpful with funds and comforts.
In view of the above situation, I wish only to bequeath my properties to my second son and daughter. but nothing to my first son, for reasons described above. Will it be proper for me to exclusively assign half share of my property each to my second son and daughter? I am very much apprehensive whether, my first son or, at a later stage any of his wife/wives and their children, biologically or adopted, could legally claim a share of my property. Our aim is to avoid future confusion and probable legal encounter after my demise. One relevant matter I must point out here is, a few months ago I had executed and registered a deed of settlement entitling ALL MY THREE children, each one third share of the flat. But for the reason that my first son’s attitude has never changed and there is nil improvement in his relationship, I got the settlement deed officially revoked by the same registrar’s office, as I have never divulged or parted with the Deed to my children. As stipulated therein my wife and I continue to stay life-long in the flat. So rightfully the flat ownership remains to be in my name. and can be dispos4d of at my will now.Kindly help me with expert legal advice on this to avoid any snag. Thanks.
A V Vishal
(Expert) 29 November 2010
It would be perfect to will the properties in the names of your younger son & daughter(Since they are self acquired by you) reserving life interest in the properties to your wife(to secure her life financially)after revoking the settlement deed. The circumstances narrated by you would suggest you register the will(So that there can be no dispute regarding who gets what). The will will come into operation only after your lifetime.
n.k.sarin
(Expert) 29 November 2010
I fully agreed with the opinion of Mr. vishal
