Father executed settlement deed in favour of daughter - possession not handed over - Transfer of physical possession of the suit properties is not necessary - Mere factum of non delivery of settled properties would not render settlement deeds invalid.

Citation

2018(2) MWN (civil) 27

2018-2-L.W. 374

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 07.02.2018 Pronounced on : 02.03.2018 S.A.Nos.178, 384 & 387 of 2003

T.Ravindran, J.

S.A.No.178 of 2003

Jeyalakshmi.            ... Appellant

Vs.

Selvaraju.             ... Respondent

Transfer of property act, Section 123, settlement deed, possession, handing over, exception, whenSettlement deed - possession handing over- when not necessary

whether physical of possession properties is necessary for completing validity of settlement transactions Para 15

settlement deeds executed by father - whether settlement deeds accepted by appellants and acted upon - whether deceased 'S' entitled to revoke deeds unilaterally by way of revocation deeds Para 9

held: settlees are daughters of S settlees aware of the litigation pending between deceased S and respondent (his

son) - S would not have been in a position to entrust the physical possession of the tuit properties to the settlees at the time of the execution of settlement deeds settlees became entitled to recover the - possession of suit properties from the respondent by stepping into the shoes of the settlor

Transfer of physical possession of the suit properties is not necessary Mere factum of non delivery of settled properties would not render settlement deeds invalid.            ...Para 17