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Girish Paryani (Legal Professional)     09 May 2009

Contract Validity??

Hi friends,

an agreement made between "c" & "b", where "c" will acquire right to profits out of the agreement of "a" & "b" is valid or not (here "a" is the owner of immovable property and "a" & "b" are having an contract over actionable claim). In this case "a" does not know about the agreement of "b" & "c". kindly suggest

 



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 3 Replies

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     11 May 2009

As far as 'a' is concerned , this contract is void ab initio. Because, offer and acceptance are essentials of each and every contract.

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C.R.MADHAN MOGHAN (Supervisor)     06 February 2014

Dear Lawyers,  As my uncle (father"s younger brother) expired at the age of 85 years. He was unmarried. Now my father is the sole legal heir because his elder brother had 8 siblings expired 40 years before and had no sisters to them. My father is about 90 years and his parents passed away long back.                    Now we two brothers and two sisters with my parents are living. My question is 1. My fathers elder brothers siblings have rights now? 2. Is it necessary for my father to distribute my uncle"s belongings to elder uncle"s siblings or make settlement . Please clarify.  After my father can they claim the heirship and distribute the rights amongst all siblings in future.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

Your father's younger unmarried brother died intestate and now there are no surviving class I legal heirs to succeed to his intestate properties.In this case your father is the only surviving class II legal heir of his deceased brother to succeed his intestate properties.  His elder brother predeceased the younger brother who died subsequently, therefore,since he was not living at the time of the death of his unmarried younger brother, his siblings cannot stake a claim in the said intestate properties left behind by your deceased uncle.  Therefore it is only your father can inherit the said property in full and he does not have to re-distribute the same to the siblings of his deceased elder brother, they   are not entitled to any share in the property as per law while there is a lass II legal heir living.


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