defendants 1 and 3
jointly executed a settlement deed. On the date of execution
of the settlement deed, first plaintiff alone was born. Second
plaintiff ... stated. Plaintiffs never accepted the settlement deed. The
third defendant also had not accepted the settlement deed. It
had not become absolute or irrevocable
prayer for
amendment is that the time prescribed for challenging the
settlement deed No.2972 of 1996 under Art.59 of the Limitation ... petitioner to file any application for
amendment of plaint to challenge validity of settlement deed
No.2972 of 1996 and hence the period during which
executed Ext.B2
settlement deed in favour of the first defendant.
As per Ext.B3 settlement deed (which is the same ... ground to challenge the settlement deed.
6. Further, as held by the courts below, Ext.A1
settlement deed is of the year
Ahmed and others (1952 SCR 1133)considered
validity of a settlement deed which was challenged
on a ground referable to the competency and
authority ... Jayachandra Shenoy's case in which also
challenge was over the validity of a settlement
deed where one among the parties having interest
over
argued that the settler during his life time had not
challenged the settlement deed and he had not filed any suit for
revocation ... Court had considered the difference between the settlement and will
and held that,
"In a settlement deed, the properties are transferred
voluntarily, gratuitously
courts granting the
plaintiff the decree cancelling Ext.A2 settlement deed is
challenged in this appeal.
2. Plaintiff is the maternal uncle ... admittedly a
physically challenged lady who is a spinster, aged 36 years at the
time when Ext.A2 settlement deed was executed
partible holding that the plaintiffs did not challenge Ext.B3
Settlement Deed though the defendant raised a contention
with respect to the same ... settlement deed in the absence of pleadings
and issue in that regard?
iii. Whether the finding of the court below that the settlement
deed
executed as settlement deed having
the trappings of a gift deed, though there is slight difference
between gift deed and settlement deed, even if these ... However, when there is
a dispute as to the gift deed or settlement deed without specifically
denying the execution, then also, examination of one among
identical. Despite the setting aside
of the settlement deed by the Tribunal, Respondent No.2 did not
challenge the same. It is submitted that, even ... despite the Tribunal's order setting aside the
settlement deed, neither challenged the same nor appeared in the
present petition.
9. In these circumstances
context of this case. He also contended that since settlement
deed is not in challenge in P.O.P.No.20 of 2015, there ... respondents 1 and 2. In that proceedings she is not
challenging the settlement deed executed by her in favour of her
daughter who is married
