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Can I stop by siblings to claim my diseased father's property


09-Feb-2023 (In Property Law)
I have a property which is on my mother's name. I have a sister and brother and I have a verbal contract with them that they will not claim share in property. I am ready to pay money to my brother. How can I make sure that he will never ask any share. Can I make him sign agreement?
Answers (2)

Answer #1
695 votes
oral agreement have no value in eyes of law.
Legally you can't make such agreement with your brother and sister since they get a right in ancestral property by birth; ., they can claim so by filing a partition suit.
Answer #2
505 votes
Any share in the ancestral property devolves equally upon all the legal heirs including married daughters unless there is a writing to the contrary. I presume, that you are governed by the Hindu Succession Act. In the given case, it is better to put the understanding on paper by way of a Family Arrangement and so that in future the legal heirs of such siblings will be prevented from claiming any rights to the property.

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