KOKILAMBAL AND ORS. versus N. RAMAN

KOKILAMBAL AND ORS. versus N. RAMAN

The settlement deeds executed by Kokilambal granted only a contingent interest to Varadan, effective after Kokilambal's death. Since Varadan died before Kokilambal, the interest did not vest absolutely. Kokilambal retained ownership and was entitled to revoke the settlements and make fresh ones.

Parties
Appellant: Kokilambal; Appellant: Babu @ Pilani; Appellant: Shantha @ Shanthi; Respondent: N. Raman
Jurisdiction
India
Judgment Date
21 April 2005
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Settlement Deed, Contingent Vesting, Absolute Vesting, Revocation of Settlement, Transfer of Property Act
Property Law Hindu Law Settlement Deed Contingent Vesting Absolute Vesting Revocation of Settlement Transfer of Property Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Kokilambal

Appellant

Babu @ Pilani

Appellant

Shantha @ Shanthi

Appellant

N. Raman

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From High Court Judgment

Legal Issues

  1. 1 Whether settlement deeds executed by Kokilambal created vested or contingent interest in favour of Varadan; Whether the settlor could revoke the settlements and make new settlement deeds after the death of the settlee before the vesting of property

Ratio Decidendi

The settlement deeds executed by Kokilambal granted only a contingent interest to Varadan, effective after Kokilambal's death. Since Varadan died before Kokilambal, the interest did not vest absolutely. Kokilambal retained ownership and was entitled to revoke the settlements and make fresh ones.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Order of first appellate court set aside