TMI Blog1996 (4) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... ties to her daughters by two settlement deeds executed and registered on 1.12.1958. The appellant is the husband of Vimalavathy, who died on May A 4, 1970. On August 21, 1970, Seshamma had revoked the settlement deed Ex. B-1 and executed will Ex. A-1 giving the properties gifted in favour of Vimalavathy to her daughter Hymavathy. Seshamma died on January 26, 1976. Smt. Hymavathy filed O.S. No. 35/78 in the Court of Subordinate Judge, Tenali. The trial Judge relying on the evidence of DW 1-3, has held that Ex. B-1 is a settlement deed and that, therefore, the will Ex. A-1 is not valid in law. Accordingly, he dismissed the suit. The learned single Judge by judgment and decree dated December 13, 1988 confirmed the decree of the trial Court. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land developed upon me out of the property of my husband under a decree passed by the Andhra Pradesh High Court and which has been in my absolute rights and enjoyment, to belong to you after my death to be enjoyed by you with absolute rights. Therefore, taking possession of the schedule land after my death you may enjoy the same freely and happily till the sun and moon endure together with trees, water stones, treasures and treasure troves with all the rights with absolute powers of disposition by way of gift, mortgage, exchange, sale etc., from your son to grand son and so on by saying the taxes of the municipality, Government etc., from then onwards. I, heirs of my successors shall never raise any dispute against you, your heirs or succes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the title to the property could create a life estate for her enjoyment and the property would devolve on the settlee with absolute rights on settlor's demise. A reading of the documents together with the Schedule would give an indication that she had created right and interest in praesenti in favour of her daughter Vimlavathy in respect of the properties mentioned in the schedule with a life estate for her enjoyment during her life time. Thus, it could be construed rightly as a settlement deed but not as a will. Having divested self thereunder, right and title thereunder, she had, thereafter, no right to bequeath the same property in favour of her daughter Hymavathy. 6. The trial Court and the learned single Judge rightly negatived ..... X X X X Extracts X X X X X X X X Extracts X X X X
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