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settlement deed issue of ancestor property

(Querist) 07 May 2009 This query is : Resolved 
my name is Manikam-from chennai .i have a query .
The father has 8 children, 4 sons and 4 doughter respectively.and the father owned 5 property which is earned by himself during his lifetime.

In 1962 he gifted one property to 4 doughter as a settlement deed.since all the 4 doughter are minor he nominated his wife as a guardian for the said doughters.
and he specifically said,in that will that
he dont have any rights to amend or cancel the same will in future.
and he gifted the remaining 4 property to his 4 sons.

in 1966 the father wrote another WILL cancelling the 1962 will which is gifted to his 4 doghters.and the father gifted the property to his 2 sons(which is gifted already to 4 doughters in 1962)

Now my question is which WILL is valid

1962 - property gifted to 4 doughters or
1966 - will which cancelled the 1962 will.

can the father cancell the first will.if he specifically mentioned in 1962 that he dont have rights to amend or cancel in future .
A V Vishal (Expert) 07 May 2009
mR mANIKAM,

You seem to be confused, you say that one property was gifted thru a settlement deed and your specific question is will the will executed in 1966 will cancel the will of 1962.

If the first document is a will, which was executed in 1962, then the answer is yes, the will executed in 1966 will override the same.

However, if the first document is a settlement deed then there is no question of its revocation.

Secondly, is the settlement deed registered, if not, then it is invalid and the will deed of 1966 will prevail.

Third option is you sometime term the transaction as gift, in such case if the gift is accepted by the donees during the lifetime of the donor, then the will of 1966 cannot be enforced.
Manish Singh (Expert) 08 May 2009
good reply from Mr. Vishal.
Ashey (Expert) 08 May 2009
Mr. Vishal is right
Guest (Expert) 08 May 2009
Mr. Vishal has replied in a apt manner. The questions are confusing. A WILL can be modified any number of times, a WILL speaks after a person's lifetime hence the 'last will' of the person stands good in the eyes of law; A settlement deed cannot be cancelled at a later stage, provided if it's a conditional settlement (like taking care of parents, providing education to brothers/sisters etc.,) it can be revoked at any time;
adv. rajeev ( rajoo ) (Expert) 08 May 2009
Mr. Vishal is right, he has advised u in a simple way, I think u got his points.
Uma parameswaran (Expert) 08 May 2009
Property owned by your father is self earned and it is not ancetrol property. Any deed except gift deed and sale deed can be cancel by the owner of the property if it is self earned.
Manikam (Querist) 08 May 2009
thank you very much for all who have answered my queries
sanjeev murthy desai (Expert) 08 May 2009
i agree with the above views
PALNITKAR V.V. (Expert) 09 May 2009
What Mr.Vishal says is very true.


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