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Nandhakumar   26 February 2024

Will and settlement deed

My grandfather had written 3 cent as settlement deed  to my father in 1991 and registered the same. In that it is mentioned that my uncle has pathway east of that property. In 2002 he write will to my father and uncle. He wrote will stating that remaining 2 cent  along with the settlement property to my father . We built the house in the remaining place  He died in 2015. But my uncle now sya he had pathway in it and need the amount for it. Actually 5.1 cent given for us and 5.4 cent given for my uncle. But still he says there is pathway as per settlement deed so need money. But grandfather while writing the will says no rights over others property and allowed us to construct. What can we do now...



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     26 February 2024

As per law when your grandfather had transferred the property to your father by a registered settlement deed, he has no rights over it, therefore the Will created b y him subsequebntly is not valid in law.

Your uncle's claim as per settlement deed is very much valid. 

Dr. J C Vashista (Advocate )     27 February 2024

Whether the ssubject property was ancestral or self-acquired with your grandfather who is stated to have executed "settlement" in favour of your father as well as "will" ?? 

Show relevant documents to a local prudent lawyer for appreciation of facts and professional advise / proceeding. 


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