Settlement Deed
Querist :
Anonymous
(Querist) 29 August 2010
This query is : Resolved
Mother and Father made a joint will which stated that on the death of either the property would devolve to the survivor. The said property was jointly owned. The survivor could do what he or she wanted with the property. In Oct 1992 Father died. Mother for some reason or the other did not probate the will. It was trown out by the HC on technical grounds and she did not pusue it further.The will also stated that after the death of both the parents the property would would go to two of the daughters leaving out the son and another daughter. This daughter filed a suit in the lower Court claiming 1/6 portion of the property as per the Indian Succession Act since the will had not been probated and as such the property now did not belong to the mother entirely. While this suit was in Court the mother made a seetlement deed in favour of one of the daughters who was a legatee in the will and the son who was not a legatee in the original will. In the meantime the original could not be traced. This daughter and one of the legatees of the original will were left out in the settlement deed.
The question I have is (a) Whether the mother had the right to make a settlement deed while the matter was subjudice in Court (b) Did she have the right to change the legatees/settlees as the other Joint partner of the will had passed away and his will could not be ascertained. (c) Before 2003 all wills had to be probated and since this will predated 2003 it had to be probated but was not done. Is the settlement deed then valid in a Court of Law?
Thank you. Request an early reply.
