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tejinder sethi   29 April 2025

Will lost/not produced

A family agreement was prepared based on the will prepared by the deceased father in law. At that time nobody noticed the wordings based on will. Now when we have decided to go for redevelopment it was pointed out about the will. As all the elderly male members have expired nobody is aware of the will and neither the copy is available. In such a situation what will happen to the family agreement.

Please advise.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     29 April 2025

Though a family agreement has not been defined statutorily under Indian laws,  it as ‘an agreement among members of the same family, intended to be generally and reasonably for the family's benefit, either by compromising doubtful or disputed rights or by preserving the family property or its peace and security by avoiding litigation or by saving its honour’. What it effectively means is that the members of a family arrive at an amicable understanding, written or verbal, regarding movable or immovable property to avoid any existing or future disputes.

You can ignore the word Will present in the family agreement because if there was a Will then it should have been enforced by the beneficiaries sooner the Will came into force. 

Whatever you may consult a local experienced lawyer and proceed on the suggestion and advise received

P. Venu (Advocate)     29 April 2025

The query is too speculative. When was the family agreement executed?

Is any of the parties to the agreement disputing its authenticity based on legally sustainable reasons?

tejinder sethi   29 April 2025

Family agreement prepared almost 5 years back. The only dispute is that the Will mentioned in the agreement has not been shared with legal heirs.

Law Student   29 April 2025

Please prepare and execute a registred partition deed. 

Do not mention about the Will in the partition deed. 

Do not also mention about the family arrangement. 

You may mention that the partition deed is being executed based on oral allotments made by your elders. 


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