settlement deed

Balasubramaniam S. (Querist) 24 January 2009 This query is : Resolved
my query to our learned brothers is that whether the settlement deed can be executed without specifying the extent of property settling like i am settling my 1/2 share in the property. i wish to know if there is any judgment to show that it can be done or cannot be.

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KAMARAJ BHARATHY G (Expert) 24 January 2009
in will there is one doctrine that is doctrine of eclipse. that is if a will is executed with ambicuty we have to read the will with the maximum utilisation of the thought of the will executant. but i dont no that that doctrine will apply to settlement

Somnath mukherjee (Expert) 24 January 2009
If the language of the is clear the sattlement can be executed without the extent of property.

Balasubramaniam S. (Querist) 24 January 2009
i have not made myself clear to this forum, my question is can a person execute a settlement deed without specifying his extact extent of property which he claims to be owner

Adv.Shine Thomas (Expert) 25 January 2009
A settlement deed cannot be exicuted without clearly specifying the extent of property settled because a settelment deed is a title deed of the property ie,it derives right of ownership over the said property.

Balasubramaniam S. (Querist) 25 January 2009
i require some judgments to substantiate the point expressed.

J K Agrawal (Expert) 25 January 2009
It is no where mentioned that an agreement should contain detail of property. You can agreeupon aportionment of share without disclosing the inventry of property but if any ambiguity arises later on it will be difficult to handle. For example "We both agree upon to devide all property beloing to us in equal share or in share of 20:80 or so on" is a valid agreement.

Balasubramaniam S. (Querist) 26 January 2009
pls. let me know the judgments on settlement deed

Prakash Yedhula (Expert) 27 January 2009
A settlement deed can be executed for an undivided extent of property.

Balasubramaniam S. (Querist) 28 January 2009
in any event i require judgment to substantiate the contention. do provide

M. PIRAVI PERUMAL (Expert) 05 February 2009
Any person can execute a settlement deed in respect of his/her unspecified share

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