About will of property
sneh agarwal
(Querist) 27 February 2015
This query is : Resolved
A was the sole owner of his flat. Later on he included his brother B as one of his co owner of the property with B's share as 10 percent. Some times later on A and B had a registered agreement between them which stated : B will live in the flat for his lifetime and If one of the partners dies, the other surviving partner will become the sole owner of the dying partner's share (and hence of the entire property) and none of the legal heirs of the dying partner will have a right over the dying partner's share. Also none of the partners will write a will to pass his share in this property to any of his heirs.
Now A dies. But before dying he wrote a will and in his will made his son C as his heir to own his share of the above property. Now both B and C go to the court.
What will prevail in the court: A's will or the agreement between A and B.
P. Venu
(Expert) 28 February 2015
What were the considerations involved in making B the co-owner and susequent agreement?
sneh agarwal
(Querist) 28 February 2015
No considerations were involved as B was made co-owner by a gift deed.
B had interest in the property as it was bought by selling ancestral agricultural land
Rajendra K Goyal
(Expert) 28 February 2015
Seems classroom academic query.
Previous agreement was registered and can be cancelled with the consent of all. Claim of C on the basis of will may not succeed.
Guest
(Expert) 28 February 2015
Doubtlessly, it is an academic query.
malipeddi jaggarao
(Expert) 28 February 2015
Your moot court problem. Your throwing the ball in the court of experts for reply. Study hard. You will get the answer.
ajay sethi
(Expert) 28 February 2015
academic query
sneh agarwal
(Querist) 28 February 2015
sorry, its not an academic query. I am not a law student. We are in such a situation. Only the agreement has not yet been made/registered.
Brother says I must live in it and look after the property and pay all the dues/housing society maintenance charges etc. and manage it in all other ways.
I don't want to rely on plain paper will because I have heard that a will made today can be cancelled later on if a new will is made at a later date and in that will it is written "all my previous wills stand cancelled". So, that is why I was seeking an advice.
How can I ensure that after I look after the maintenance of the property I will get it after my brother's death. Would such an agreement help ensure what I want.
R.K Nanda
(Expert) 01 March 2015
consult local lawyer.
Guest
(Expert) 01 March 2015
If it is a real problem, why not reveal the facts clearly instead of using the terms A, B, C, etc., and where do you stand amongst A, B, or C?
sneh agarwal
(Querist) 03 March 2015
A is my older brother twelve years older to me. I am B.
Gifting entire flat to me would be costly as in uttar pradesh stamp duty rate for gift and sale deed have been made equal. So I am looking for an alternative path which would not cost much, at the same time ensure that I will use the property during my lifetime and also after my brother, if he dies early.
C is my brother's son.
T. Kalaiselvan, Advocate
(Expert) 03 March 2015
The short cut method to acquire the property may cost you dearer at a later stage, instead better to pay the proper stamp duty now itself as per the guidelines and be safe and secured about the property.
