Query about an agreement
rajesh singal
(Querist) 10 April 2017
This query is : Resolved
Dear Experts,
We are three brothers(name A,B & C) out of which two(A & B) are married and one(C) is unmarried. The unmarried one has no source of income. There is a one property which is bequeath through father's will to A & C. Since C is unmarried, our father has written in the will that till C is alive he can enjoy, transfer, sell his share and after death of C, the full property shall devolve upon A and no other legal hier has can claim share in this property. B is given another independent property from father so he is not entitleed in property of A & C. Now in order to incur day to day expenses we ( A & C) want to enter into an agreement, so that any income (rental) arising out of share of A in common property shall be given to C till C is alive and after C, the full property shall devolve upon A or A's legal heirs. We(A & C) want to enforce somehow through an agreement that neither A nor C, could not get out from this agreement in future even if they change their mind in latter date.
Please suggest, if such an agreement is possible?
Guest
(Expert) 10 April 2017
Possible, if both the eligible heirs for property are willing to do so.
rajesh singal
(Querist) 10 April 2017
Could you give a pointer how to make such an agreement which none of entering parties can't violate?
Guest
(Expert) 10 April 2017
Agreements are of customized nature depending upon the background available on the related legal documents. So, better take help of a local lawyer, who may go through the property papers and prepare the agreement accordingly after discussing with both A & C.
rajesh singal
(Querist) 10 April 2017
Thanks. I got your point that the aggrement will be made in civil court of law and not in sub-registrar. I hope i understood you right.
Kishor Mehta
(Expert) 10 April 2017
Sir,
You state that this is a Willed property, if the Will is probated then the probating Court has to be informed of the material changes that are proposed to be made in the terms of the probated Will.
Good luck,
Kishor Mehta
Kishor Mehta
(Expert) 10 April 2017
Sir,
You state that this is a Willed property, if the Will is probated then the probating Court has to be informed of the material changes that are proposed to be made in the terms of the probated Will.
Good luck,
Kishor Mehta
Guest
(Expert) 11 April 2017
Usha ji,
Thanks for agreeing with me.
Rajendra K Goyal
(Expert) 11 April 2017
You can enter into an agreement, get it drafted through your lawyer.
John P Thomas
(Expert) 12 April 2017
Since C takes the bequeath with a right to transfer,he is free to enter in to any agrement with A which C thinks more feasible to him.
