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Prasad   25 September 2020

settlement deed vs registered will

My mother had settled her house through a irrevocable settlement deed to me. can she write something contradicting in her will towards her daughter on same house she settled to me? if this is the case which will prevail in court of law settlement deed or will?


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 6 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     26 September 2020

"an irrevocable settlement deed" What exactly is this?

Whether such a document is Registered?

 

Prasad   26 September 2020

yes its registered and after the person it goes to whoever the property is settled to. in tamilnadu, you can settle property to own family for 20000 which is registered settlement deed

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     26 September 2020

My view is that the property was already alienated through a Registered Settlement Deed. And,naming the same property in a Will is not valid.

1 Like

S.JEEVAGAN, Madurai. (Advocate, High court )     26 September 2020

When there has been a registered irrevocable settlement deed in favour of one person, a Will executed in favour of the other person in respect of the same property is not valid. However,  the settlement deed can be declared void or cancelled by Revenue Divisional Officer in terms of the provision of  Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act.

In the event of the settlement deed being declared void or cancelled in terms of the section  23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, then there is no bar for execution of a will in respect of the same property in favour of anyone else. Take care. 

1 Like

P. Venu (Advocate)     26 September 2020

A settlement deed is essentially a gift deed. A senior citizen can revoke the deed if the deed provides so and there are circumstances that justify the revocation. In the absence revocation, any Will made for a property that has been alienated has no existence in the eyes of the law.  

1 Like

Advocate Bhartesh goyal (advocate)     27 September 2020

Your mother has transferred the ownership through irrevocable registered settlement deed now she has no right/authority to bequeath the property through will.


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