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Krishnan Balasubramanian (Advocate)     17 July 2022

Will related

i am come across a case related to Will. I need suggestions on this.

Brief History of case

1. in 1968 a portion was made between brothers . which was duly registered.

2. one of brother , In 1996 made will in favor his wife which was duly registered.

3. in the year 1999 he died.

4. in the year 2009 she made settlement in favor her son and daughter leaving behind one son. she states he is not supporting the family. so she did not want to give him share .

5. My question is that settlement deed is valid or not? because in arrived from ancestor Property 

 



Learning

 6 Replies

Hari Shankar   17 July 2022

Not valid and There should be all family members acceptance and signatures family members on ancestors property while registering and setting. In this issue as you said that one son not got property share can claim on the ancestors property.

I'm H.Hari Shankar High court Advocate from Telangana further details contact me:9394002002
1 Like

Kishor Mehta (CEO)     17 July 2022

The property in question is not an ancestral property because 'An ancestral property is an undivided property, in which four generations of a single family have their share' and in this case this clause is not satisfied. Hence the lady has every right to bequeath her property as per her wish and will.

1 Like

P. Venu (Advocate)     17 July 2022

The property had been conveyed through the Will, hence it is in no way ancestral. Tfw brother's wife has the full discretion to convey or otherwise deal with her  property  during her lifetime, The settlement deed is legally valid.

1 Like

GANDHI MOHAN BHARATI (Pensioner)     17 July 2022

Under "Women's Property Rights Act 1956, any asset that comes into the hands of a woman by way of will, gift, sreedhana etc., will be deemed as Self Aquired Property in the hands of that woman. So, she can dispose it as she wishes

1 Like

Dr J C Vashista (Advocate)     18 July 2022

Will executed by one of the two brothers qua his (testator's) share is valid and operative after his death.

The property bequeathed by her husband through aforesaid will is "self acquired" which can be disposed as the beneficiary of the will (widow of brother) desire.

Settlement deed executed by mother (widow of one of the aforesaid two brothers and beneficiary of will executed by her deceased husband) is valid and legal which cannot be challenged.

The settlement property lost its "ancestral" tag much before coming in favour of widowed mother who have further distributed it in favour of one of her son and daughter.

1 Like

Krishnan Balasubramanian (Advocate)     19 July 2022

Thanks all 


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