• Will and settlement

My grandfather had 3 sons and 4 daughters.he has written will document 12 cents equally divided for his 3 sons . After fewyears in that 12 cents.. He gave 6 cents settlement for his 2nd son.. So after writing this settlement the whole will get cancelled or not.. Remaining 6 cents will go for other 7childrens Or 2 sons
Asked 2 months ago in Property Law
Religion: Christian

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11 Answers

A will can be changed or cancelled by the person making it (testator) before they die. So, if your grandfather had changed or cancelled his will before his death, it would have been valid. But if he had already passed away, then his will at the time of his death would be final and any changes made after that would be invalid. So, the settlement of 6 cents for his second son would be valid, and the rest of the money would be divided among the other 7 children.


Mohammed Mujeeb
Advocate, Hyderabad
19291 Answers
32 Consultations

4.7 on 5.0

1. The latest settlement executed by your grandfather bequeathing 6 cents will supercede the WILL executed by your grandfather earlier.

2.  Hence the remaining 6 cents will go to all 7 children.

3.  The above answer would be correct assuming that the Settlement Deed executed by your grandfather was registered in the jurisdictional Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
4704 Answers
277 Consultations

5.0 on 5.0

If he has given it earlier after rhis death if remaining property is in existence then the will is operative 

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

As on the date of enforcement of Will, the remaining property only can be acquired by the beneficiaries 

Since 6 cents of property have already been transferred by him during his lifetime, and if he had not cancelled the Will during his lifetime, then the bequest made in the Will shall be valid only to the extent of the properties remaining at the time of enforcing the Will. 

The remaining property can be acquired by all the beneficiaries of the Will at that time.


T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

the Will was for 12 cents

subsequently a settlement was made for 6 cents from above 12 cents

hence the Will still remains valid for the balance 6 cents which will be equally divided among the 3 sons

Yusuf Rampurawala
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
7193 Answers
79 Consultations

5.0 on 5.0

whole will would not be superseded . only bequest for 6 cents would be effective . 


in other words 6 cents would devolve on 3 sons 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Dear client,  

The answer to your question depends on the specific terms of your grandfather's will and the settlement agreement that he made with his second son.

Generally speaking, if your grandfather's will included a clause that states that any subsequent changes to the distribution of his assets will revoke the previous will, then the entire will may be considered cancelled due to the settlement.

In that case, the distribution of the remaining 6 cents of land would depend on whether your grandfather made any further amendments to his will or made any other arrangements for the remaining land. If not, then the distribution of the remaining land would depend on the laws of inheritance in the relevant jurisdiction.

However, if the settlement agreement specifically mentioned that it was not intended to revoke the previous will or only applied to a portion of the land, then the remainder of the will may still be valid and enforceable.

It is important to consult with a lawyer or legal professional in the relevant jurisdiction to determine the specific legal implications of your grandfather's will and the settlement agreement that he made with his second son.



Anik Miu
Advocate, Bangalore
6694 Answers
74 Consultations

4.9 on 5.0

After amendment, the original will stands cancelled. The left over 6 cents will be divided among his seven children.

Ravi Shinde
Advocate, Hyderabad
3806 Answers
42 Consultations

5.0 on 5.0

Will will abate after execution of settlement deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21769 Answers
31 Consultations

4.4 on 5.0

- If he had not mentioned regarding the execution of Will in the settlement of 12 cents , then the written last Will be valid for remaining properties , and it will not get cancelled. 

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

After writing the Will in respect of the entire estate of 12 cents, the Testator settled 6 cents out of it in favour of one of his sons. If, afterwards, the Testator did not alter the original Will by means of a codicil or write a new one, the reaming 6 cents shall become intestate estate automatically upon his death. Therefore, all the 7 children shall be equally entitled to an undivided share in it.

Swaminathan Neelakantan
Advocate, Coimbatore
2392 Answers
20 Consultations

4.9 on 5.0

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