Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Deeds and Documents : Deed of settlement 1882-Sections 19 and 21 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Deeds and Documents : Deed of settlement-Contingent vesting or absolute vesting-Intention of the settlor to be gathered by reading recitals in the settlement deed as a whole-Hindu widow having no issue had executed two settlement deeds in respect of certain property in favour of her deceased husband's nephew-Recitals in the settlement deeds indicated that the settlor had not completely divested her right in favour of the settlee but it was a contingent one which was to come into effect after death of the settlor-Since the settlee died during lifetime of the settlor, the latter reserved her right to revoke the earlier settlement deeds and execute fresh settlement deeds in favour of others-Transfer of Property, 1882-Sections 19 and 21. The first appellant is a Hindu widow who had no issue. She executed two settlement deeds, A1 and A2, in respect of certain properties in favour of her deceased husband's nephew. But the settlee died as a bachelor during the lifetime of the settlor, i.e. the first appellant, and she revoked both the earlier settlement deeds and executed a fresh settlement deed in favour of the second and third appellant. Respondent, brother of the deceased settlee, filed a suit for declaration that he was entitled to the said properties after the death of his brother; that the revocation of earlier two settlement deeds was null and void and that likewise the fresh deed of settlement executed in favour of second and third appellant was also void. The suit was dismissed. Respondent preferred appeal before the first appellate court and it decreed the same. Appeal against that was dismissed by High Court, holding that by the instruments of settlement, i.e. A1 and A2 a vested right was created in favour of the respondent's brother and hence, the first appellant cannot subsequently revoke that settlement and execute a fresh settlement in respect of the suit schedule properties in favour of second and third appellant. Hence the present appeal. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 226 |
Petitioner | Kokilambal And Ors. |
Respondent | N. Raman |
SCR | [2005] 3 S.C.R. 839 |
Judgement Date | 2005-04-21 |
Case Number | 6994 |
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