plaintiff's case relates to the 2nd deed of settlement which the plaintiff challenges as void and inoperative and also as never acted upon ... plaintiff signally failed to establish his plea that the 2nd deed of settlement was void and inoperative on the ground of fraud and coercion
claim to set aside a deed of settlement, on the ground that it is fraudulent and void as against the creditors, can only be enforced ... ruled that when a creditor sues to set aside a deed executed by his debtor on the ground that the deed was voidable under Section
deed of settlement dated May 20, 1943, the transfer of the aforesaid shares by the trustees of Raja Baldeodas Birla Santatikosh is valid or void ... deed of settlement in making the donation of the said shares to the donee-trust, the donation is not void ab initio
Revenue Officer examined the deed of settlement and found that the intention for the execution of the deed was not properly described therein ... corrected the record of rights holding the deed of settlement to be a void document and directed that the khatian was to be recorded
deed, the position must be recognized that if the defendant is put in possession by virtue of an instrument which is not void ... represented a transaction which was void. The plaintiff prayed in the plaint that the aforesaid deed of settlement executed by her husband, Saheb Jan Khan
Deed that in order to give effect the last wish of the plaintiff's deceased father he created the Deed of Settlement ... Deed of Settlement which was never acted upon. On these allegations the plaintiff filed the suit for a declaration that the Deed of Settlement dated
defendants in the instant case to prove that the deed in question (Ext. A) was executed by the plaintiff of her own volition and without ... decreed. It is hereby declared that the deed of settlement dated 20-3-78 is void and inoperative. The plaintiff do also get a decree
conveyed the said premises by a Deed of
Trust dated October 6, 1993?
5. Whether the deed of settlement dated 6th
October ... Whether the deed of settlement dated 6th
October, 1993 should be adjudged null and void
and be delivered up and cancelled?
7. Whether the plaintiffs
properties by virtue of the deed of settlement dated August 20, 1991. He
submits that, the deed of settlement is valid. It is a registered ... pending for the purpose of seeking declaration that, the
deed of settlement is null and void. In absence of any declaration to the
contrary such
clause 4 of the Deed of Settlement.
9. Mr. Mitra, however, has submitted that even if a Deed of Settlement
contains a clause expressly prohibiting ... sale of the property in clause 4 of the Deed of Settlement
would be void, offending the Rule against Perpetuity as embodied in Section