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Minakshi Singh   25 July 2021

Family settlement deed vs registered will

My father had 04 children's. Before his death he made a registered will disinheriting 02 children from his property on the context that these 02 children do not take care of him and he likes the other 02 children more. In the will he has written that 1/2 part of all his property will go to child no 1 and other 1/2 part will go to child no -2. There is no specific details of property descripttion in the will and the sentence used is all movable and immovable properties. My mother is attesting witness to it and is not a beneficiary in the will. The other witness to the will was an old illiterate lady who is no more alive.

Now all the legal heirs ( 4 Children+ Widow) want to distribute the property left by the deceased father equally. All are agreeing on 1/5 part each for the property left behind by the deceased father. Can all 5 legal heirs enter into a family settlement deed and register it, will this family settlement deed give legal right of 1/5th part each for the 02 left over(disinherited in registered Will) Children. Is family settlement deed given importance over WILL. Kindly guide

Or What is to be done to achieve succession as if there was no WILL. All legal heirs have agreed to divide property as has been divided in intestate succession. Please guide me.

 



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 July 2021

If it is registered WILL. A will could be challenged if it is established that it was procured by fraud, forgery, or undue influence by a third party that overpowered the free will of the testator to bargain because of the manipulator.If it is not registered You are all obtain family settlement agreement/succession certificate for property rights of your father. 

1 Like

Dr J C Vashista (Advocate)     27 July 2021

Repeated at 

https://www.lawyersclubindia.com/experts/disinheritance-through-a-registered-will-734401.asp

You have adequately been advised by experts. If you are not satisfied with the obligation of experts on this platform it is advisable to consult a local prudent lawyer for better appreciation of facts/ documents and professional advise.

Please note repetition of same query time and again shall not change the opinion of experts, however, it is absurd and ridiculous.

 

P. Venu (Advocate)     13 August 2021

In my understanding, there is nothing that prevents the beneficiaries of the Will from relinquishing their legacies and joining their mother and siblings in executing the settlement deed.


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