Family settlement

Rishika (Querist) 16 June 2015 This query is : Resolved
A father promised his daughter that the 2nd storey of his house was hers. After this she lived there for more than 20 years. After this her brother claimed that her father had made a will and given the entire property to the son.
now do we prove that the oral agreement is applicable as against the will.

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Kumar Doab (Expert) 16 June 2015
What was the consideration in Oral Agreement?

If the Oral Agreement is not proved then it may at the most be a desire................that can be changed later at any time.

If the bequeathable property is bequeathed by a valid WILL then WILL should stand and once probated it has the sanction of law.

Moreover A will has been statutorily defined under Section 2 (h) of the Indian Succession Act, 1925, to mean the legal declaration of the intention of a testator, on how he or she wants his or her property to be treated after his or her death.

In title of your query you have mentioned Family Settlement and in the body of your query it is Oral Agreement. If it is family agreement then there should be signatories to the family agreement.

The legal Treatment of both might be different.

How are you connected with the matter?

In any case the matter is such that it may be put before a senior and able lawyer/law firm well versed with such matters for opinion..................and evidences be shown to the lawyer.

Rishika (Querist) 17 June 2015
the father had orally agreed to transfer the property in front of the entire property. Also since the father has left the entire property to the son under his will in spite of the fact that his daughter had been residing in the house for more than 20 years. will the will prevail or the oral agreement.

Rishika (Querist) 17 June 2015
the only consideration was love.

Rajendra K Goyal (Expert) 17 June 2015
The property was not transferred in accordance to oral agreement (hardly to prove) during life time of father. Meanwhile he bequeathed his all property to son. In such circumstances, property would be owned as per will.