Testamentary will and agreement

Querist : Anonymous (Querist) 01 March 2011 This query is : Resolved
There is one problem regarding will -
Mr. Alok Sharma died at 80,bequeathing 2/3rd of his property to his son Vivek and 1/3rd to his son Ranjit. Vivek and Ranjit had entered into an agreement during the lifetime of the father to share fathers property equally irrespctive of the distribution under will.
Plzz tell whether an agreement can be enforced?

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Daksh (Expert) 01 March 2011
Yes the Agreement is enforceable for the following reason/s:

Presumably both the sons are entitled for half the shares but before the same gets devolved already he by way of an Agreement gives to his brother hence on the eventuality of death of the father the property devolves to him and he is bound by the terms of the Agreement.

Best Regards

Daksh

Uma parameswaran (Expert) 01 March 2011
It is not enforceable.The agreement is not signed by father but only between only two brother. It is not clear whether father's consent is there or not.

Kirti Kar Tripathi (Expert) 01 March 2011
no, it is enforceable as when they were entered into agreement, none of them was owner of property and an agreement of expected property has no legal force.

Querist : Anonymous (Querist) 06 March 2011
Thanx for ur reply......

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