• Registered will vs family settlement

A property was in the name of A(self) 1/2 share , C& D (sons)1/4 share each. A made his will registered in 2015 giving 1/3 share to B i.e wife C & D (sons) of the property laying in his name but a dispute arised in 2017 beween B , C & D sons while A was alive. A made an oral family settlement giving 1/3 share each to B C & D of the entire property held jointly by A C & D. Unfortunately A expaired without registering the settlement which he made orally. After the death of A, B C & D wants to honour his oral settlement and not to go for registered will. please advise the status.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

deed of family settlement can be entered into between B , C , D

it should duly stamped and registered

not necessary to distribute property as per will

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

yes you can enter into deed of family settlement as advised earlier

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Hello,

1) You will have to abide by the registered Will as opposed to the oral family settlement of the deceased as that is the only document having legal validity.

2) However if B,C and D are agreeable to abide by the terms of settlement proposed by A before his death, they have to enter into a new family settlement and have it registered.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

Even if a registered will is existed , B C D can partitioned the property as per their on wish in between them.So execute a partition deed among them with regard to the property as per oral settlement.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. It seems from your articulation of facts that only an oral settlement was made which was not reduced to a memorandum, hence it has no force of law. The will made by A shall prevail.

2. However, nothing prevents B C and D to divide the property through a partition deed in consonance with the wishes of A.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

on A demise his second wife C , B1, 4 sons and 2 daughters would have equal share in property

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

All children's have equal share in the property.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

All the biological children of A succeed equally to his property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

B1 will get his share as the legal heir of A irrespective of the fact that the division will be done among other legal heir as well.

regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Unfortunately A expaired without registering the settlement which he made orally. After the death of A, B C & D wants to honour his oral settlement and not to go for registered will. please advise the status.

If B,C&D have agreed to share the property as per the proposal by A vide his unregistered settlement ded, then all the three can arrive at an amicable partition deed among themselves by dividing the property into three shares, draft a partition deed to this effect, get it registered and take possession of each individual's share in the property accordingly.

When there is a mutual consensus arrived among the parties, then all other things can be ignored.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

is it possible by B C & D to fulfill the last wish of A which he made orally

Instead of relying on the unregistered settlement deed, which cannot be enforced at this stage, an amicable partition dividing the properties into three shares as per the consensus arrived, a deed may be drawn and registered in each individual names after each one shall be the independent owner of their respective share in the property.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

A had some agricultural lands in his name. A married to B.While giving birth to B1 wife B expaired.Then A got remarried to C. A had 4 sons & 2 daughters in all one i.e B1 from B & 3+2 from wife C.

A died suddenly n culd not made his will. nowwhat is the status of B1 in case of partition.

B1 is the legal heir and successor in interest to A, hence B1 is entitled to a legitimate share at par with the other legal heirs of deceased A.

B1 is entitled for an equal share whether by mutual or amicable settlement or through a court of law by filing a partition suit.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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