Dear Experts,
Greetings.
I have a client with a peculiar case.
The facts of the case are as follows:-
My client is a grand son. His grand father executed a settlement deed in respect of his self acquired property in favour of A with the following conditions:- That A shall enjoy the property till his life time. After his demise A's wife B shall enjoy the property in similar manner. Then after their life their male legal heirs shall enjoy the property in similar manner ie. life estate. In case if A and B had not left any male issues, then the female issues shall enjoy the property till their life time. After such life interest, the grand sons of A and B can take the property with absolute interest.
Now the case starts here in the following manner. ie. The said A and B died leaving no male or female issues. In other words they died issueless. Presently, A's brother's son acquired the property and enjoying the same.
My client the said grand son pleads that since A and B died issueless, the possession and enjoyment by A's brother's son is against the sprit of the settlement deed by his grand father. The grand father predeceased the said A and B. Under these circumstances can my client as the reversionar and only legal heir of the grand father claim the title of the settlement property as the condition in the said deed not fulfilled?
Can my client prevent the possession and enjoyment of the property A's brother's son?
Thanks with regards.
KN.
