BIJU (Customer Support) 25 August 2011

Property sharing

Am Manu based out of Cochin, Kerala. I have lost my mother about 5yrs back and now my father is looking for a 2nd marriage. I have two sisters and my father is ready share complete property to us equally and he is planning to arrange for all documentation. As per him, he will make an agreement saying after his death his 2nd wife will not have any rights to ask for property and she will have to leave us. She will get only an amount which will be agreed at the time of marriage and she should vacate home after our fatther's death.

I would like to seek advice here on - Is such agreements hold good or any complication in this ? Will the 2nd wife has any rights to ask for property after our father's death other than the agreed share ?

Kindly help me with your valuable advise

Thanking you in advance

Manu

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 25 August 2011

Any agreement contrary to settled law is nulliy. i means your second mother cannot be bound by way of agreement that on the death of your father, she will have no right in the properties left by your father.

If your father wants to make any arrangement of his properties in your favour, he my do so before marriage by way of gift deed or unrevocable confirmed will. After performing his second marriage, he cannot do so and his second wife shall be entitled to inherit at least in his ancestral properties.

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BIJU (Customer Support) 27 August 2011

Thanks for your advise

Seeking one more advise here - Anyway my father is ready to write a conditional agreement before marriage itself saying entire property will be in children's name after his death. In such conditional agreement, is there any rights for 2nd wife to claim the property

One property is in our mother's name and other one is in father's name

Looking forward for your valuable advise

Thanks in advance
Manu