IN THE HIGH COURT OF DELHI AT NEW DELHI
Anil Kshetarpal, Harish Vaidyanathan Shankar
S K Mittal – Appellant
Versus
NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. marriage and settlement deed context. (Para 1 , 2 , 3) |
| 2. key terms from the settlement deed. (Para 4 , 5 , 6) |
| 3. arguments from both parties regarding rights. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's analysis of the settlement deed. (Para 14 , 19 , 20) |
| 5. understanding contract consideration under ic act. (Para 21 , 22 , 23) |
| 6. implications of renunciation and estoppel. (Para 24 , 25 , 26) |
| 7. discussion on entitlement and inheritance. (Para 28 , 29 , 30) |
| 8. affirmation of the learned single judge's conclusions. (Para 31) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present Appeal has been filed by the Appellant under Section 384 of the Indian SUCCESSION ACT , 1925 read with Section 10 of DELHI HIGH COURT ACT , 1966, calling in question the correctness of the Judgment dated 04.05.2022 [hereinafter referred to as ‘Impugned Order’] passed by the Learned Single Judge in Test Case no.73 of 2021 captioned S.K. Mittal vs. NCT of Delhi & Ors., while dismissing his application for a Letter of Administration in respect of the estate of his younger brother, Late Sh. Rajan Mittal, who passed away intestate on 18.06.2021.
2. Late Sh. Rajan Mittal was married to Smt. Reshu Mittal on 15.02.1997
Elumalai alias Venkatesan and Anr. vs. M. Kamala and Ors
Ravinder Kaur Grewal and Ors. vs. Manjit Kaur and Ors
The Settlement Deed does not waive heirs' rights to self-acquired property. A valid transfer requires registration, and relinquishment must involve consideration to be enforceable.
The waiver of inheritance rights requires consideration and a valid transfer instrument; mere expectation to inherit does not suffice.
Gift deed / Settlement deed – ‘Consideration’ need not always be in monetary terms – It can be in other forms as well.
A Karta under Mitakshara law cannot alienate joint family property via a Will; it is a family arrangement. Possession under a void document can lead to adverse possession if maintained for the requis....
Conditions in settlement deeds imposing restrictions on marriage or religious vows are void and do not affect property rights.
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