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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Varkey Varghese S/o Varkey – Appellant
Versus
Kathreena W/o Joseph – Respondent
| Table of Content |
|---|
| 1. settlement deed interpretation and validity. (Para 1 , 2 , 3 , 4) |
| 2. substantial questions of law framed. (Para 5 , 6) |
| 3. arguments regarding validity of conditions. (Para 7 , 8) |
| 4. court's analysis on limitations and conditions. (Para 9 , 10) |
JUDGMENT :
EASWARAN S., J.
1. Interpretation of a settlement deed executed by a father in favour of his daughter containing a restrictive covenant that if she ‘marries’ or becomes a ‘nun’ the property will revert back to her brother comes up for consideration in this appeal.
2. Suit filed for declaration of title and possession at the instance of the respondent / plaintiff was dismissed on the ground that the suit is barred by limitation. On appeal by the plaintiff, the First Appellate Court reversed the judgment and decree and held that the plaintiff is entitled for the relief and decreed the suit.
3. The plaintiff was given an extent of 10 cents pursuant to a settlement deed dated 13.09.1965 by her father. Three schedules were drawn up in the settlement deed. The plaintiff was conferred right and title over the B schedule property. The dispute in the appeal centers around a clause in the settlement deed, wherein the father insert
Conditions in settlement deeds imposing restrictions on marriage or religious vows are void and do not affect property rights.
Easements by grant can be created through settlement deeds and are enforceable if established clearly, countering claims of vagueness.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
(1) Settlement deed/Will – Whether a document is a Settlement Deed or Will, Court has to examine the document as a whole and to look into substance thereof and also to know intention of parties – For....
The stipulations in a settlement deed do not confer absolute rights to a transferee, rendering subsequent sale deeds void if executed without such rights.
A Settlement Deed executed with irrevocable terms cannot be unilaterally cancelled, and its interpretation must consider the entire document and the parties' intentions.
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