Case Law Details
Badrilal Vs Suresh & Ors. (Supreme Court of India)
Facts- Mangilal, who was in possession of land, executed a Will dated 6th May 2009 bequeathing a certain portion of land to his daughter, Ramkanya and some portion to his brother’s sons- Suresh, Prakash and Dilip. Subsequently, Suresh and Ramkanya entered into an agreement dated 12th May 2009 under which they divided the land amongst themselves. Ramkanya executed a sale deed dated February 2011, selling her portion of land to Badrilal- the present appellant.
Conclusion- On the question of the validity of the agreement dated 12th May 2009, the Court held that it will not have the effect of transferring the property to Suresh and Ramkanya as it is neither registered nor is it a sale deed executed by Mangilal.
The Court clarified that the sale deed dated 21 February 2011 executed by Ramkanya in favor of the appellant- Badrialal will be valid only to the extent of the area which she acquired under the Will dated 6th May 2009.
Held that a Will cannot be revoked by an agreement and can be revoked only as per the modes specified under Section 70 of the Indian Succession Act.
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