unilateral cancellation of settlement deed is void

Citation 

2022-1-L.W. 792

IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders reserved on: 15.02.2022

Second Appeal No.130 of 2013 and

MP.Nos.1 & 2 of 2013

N.Anand Venkatesh, J. 

K.Shanmugam (Died) & others

..Vs..

Yasodha & others

Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.18 of 2008 on the file of Principal District Court, Chengalpattu dated 27.07.2010 confirming the judgment and decree passed in O.S.No.273 of 2002 on the file of the Principal Subordinate Court, Chengalpattu, dated 24.10.2007.

Settlement deed/cancellation, wheather valid

WILL/Settlement deed, cancellation

 Ex.B-1 created a right in favour of first 04.2021 wife R in praesenti and she was given ations. a life estate and vested remainder was - delve given to the children - contents of Ex.B 1 also shows that the 1st defendant had completely divested his interest in the 'A' schedule property

Settlement deed was CAD) cancelled after nearly 31 ed on the 1st defendant 104, cancellation is per se illegal, void ab seek for a Declaration and this document rol can be completely disregarded unilaterally years by Such unilateral There initio, there is no requirement in law to collateral proceedings even in