Agreement of share in willed property
My unmarried aunt (mother's sister) who presently lives in West Bengal, has willed her flat to my elder sister (my only sibling). My sister has promised me that she will share half of this property with me, only when she gets it. But she doesn't want to reveal this to our aunt. I believe her intentions. But as her husband, her two children and their respective spouses may influence her decision (especially in her old age). I suggested to her to make a legal document about sharing.
Can such a document legally be made? Will it have legal validity? (My sister says that her lawyer told her that such a document cant be made.)
Asked in Property Law from New Delhi, Delhi
your sister is only a beneficiary in a will as on date . the will made by your aunt can be revoked any time . your sister has no right , title , interest in said property as on date . only when she inherits the property she can execute gift deed in your favour for 50%share . please note that your sister is not bound to give you 50 %share in said property . no such document as desired by you can be made as on date
Oral promises hold no validity in the eyes of law. As of today, your sister has no legal right in this property. Her legal right in this property will commence only when she gets this property, subject to a supervening possibility of your aunt revoking her will and excluding your sister from having any right in her flat. Till then your sister cannot make any legal document in your favour. What her lawyer has told her is therefore correct.