tejinder sethi 09 June 2025
We are three heirs to the property of our father and he had written a will in 1999. Similar will was made by the mother. However father died in 2002 and thereafter based on the will a family agreement was made for distribution of the property which was notarised. Now we are planning for redevelopment of the building which was owned by the father. Now it has been informed by the developer that family agreement has to be registered. Please advise
T. Kalaiselvan, Advocate (Advocate) 09 June 2025
Oral family agreement and documented the contents of oral family agreement is valid but not the notarized document.
You may all enter into a fresh family agreement, get it registered.
Dr. J C Vashista (Advocate ) 10 June 2025
The will executed by your father is operational since 2002 (after his death) who is beneficiary of the Will ? Where is the subject property located to ascertain whether the will is required to be probated or not ?
No opinion can be formed without perusing the Will vis-a-vis family settlement.
The property can be redeveloped with the consent of all stakeholders, even without ascertaining title of the property.
Show the document(s) to a local prudent lawyer for proper analyses and professional advise.
R.K Nanda (Advocate) 10 June 2025
Take help of local lawyer for proper legal guidance.
kavksatyanarayana (subregistrar/supdt.(retired)) 11 June 2025
Who is/are the beneficiaries of the will made by your father? Your mother made a similar will for her property, or why did your mother make the will, when your father made it? Please come with full facts or show it to a prudent lawyer for guidance.
P. Venu (Advocate) 12 June 2025
What do you mean by "Similar will was made by the mother".
What, exactly, are the contents of the family agreement? Who are the parties to the agreement?
Is the mother a party to the agreement?
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