Advocate Vishnu (Advocate) 08 November 2011

Partition suit

My doubt is - if after initiation of partition proceedings the kartha makes a settlement on behalf of his wife and later passes away without filing his written statement.

Can this settlement deed be deemed to be a will or is the deed is not maintainable as the subject is before a court ..?

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Devakrishnan (Consultant) 08 November 2011

Originally posted by :vish
"	My doubt is - if after initiation of partition proceedings the kartha makes a settlement on behalf of his wife and later passes away without filing his written statement. Can this settlement deed be deemed to be a will or is the deed is not maintainable as the subject is before a court ..?	"

The transaction in not a valid transaction.

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(Guest)

it is a document and between the parties. the kartha can will away his share. it may be given after the decree. but the devolution will be as per the wish fo the kartha. It can be taken at the time of passing of decree

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sridhar pasumarthy (ADVOCATE) 08 November 2011

Dear Vish,

A settlement deed is different from a will.

A settlement deed will come into effect soon after completion of execution. Where as Will comes into operation only after the death of the testator.

If a transfer is made pending litigation, the transfer is not void but it will be subject to the result of the suit.

Any how, Kartha can execute a will in favour of anybody only to the extent of his share in the coparcenary property but not anything more than that. Anything excess of it will not operate to that extent.

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