The Kerala High Court has clarified that a settlement deed has independent legal force even when a will excludes a son or daughter from family property. If the deed is executed in their favour, it can transfer rights over the property regardless of what the will says. The ruling underscores that inheritance outcomes may hinge more on settlement deeds than wills.
A Kerala High Court ruling says the survivor of a joint bank locker does not automatically acquire complete ownership of the contents. The court held that a properly executed Will by one co-holder can prevail over the “either or survivor” clause. That means locker assets may legally be bequeathed to third parties, changing how families distribute funds after a co-holder’s death.
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A new Repealing and Amending Act, 2025 removes Section 213 and tweaks Section 370(1) of the Indian Succession Act. The change puts wills of deceased Hindu, Jain, Sikh, Parsi, or Buddhist individuals in Mumbai, Kolkata, and Chennai on par with other parts of India—ending the earlier probate mandate in these cities.
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