ensure equal right in property
srishti
(Querist) 26 September 2014
This query is : Resolved
dear experts i have a query related to property . sir can an agreement between heirs of self aquired property be made for dividing the property in equal parts no matterif the will gives the whole property to one heir . example A , B , and C are three heirs and their father made a will saying property will be given in equal parts to his son after his death . here A,B and C have also made agreement of divoding the property in three equal part if the will gives the whole property to one heir when the owner of property changed his will . sir can the agreement signed by the heirs before the change in will be considered if oneheir gets whole property and refuses to divide it according to agreement. can the other heirs put case on him for revoking the agreement . please its urgent
Kumar Doab
(Expert) 26 September 2014
The WILL shall come into effect after the death of owner of the property that has signed valid WILL.
The sons are not owner of the property in the life time of father hence they can not sign any agreement of partition/division of property while the father is alive.
Hence no case is made.
If father has given the property by valid WILL to one son then as per wishes of the owner that one son shall become owner by effect of the WILL.
Rajendra K Goyal
(Expert) 26 September 2014
The property is to be distributed after the death of father according to the will. Any agreement during his lifetime by the legal heirs is not maintainable.
srishti
(Querist) 26 September 2014
ok thankyou all
