Family Arrangement Legality In Chennai

Summary

A family arrangement in Chennai, where beneficiaries agree not to enforce a will and distribute assets as legal heirs, is generally legal. This deems the deceased as having died intestate. The arrangement must be duly witnessed, and release deeds executed by heirs are valid.

Full Conversation

In Chennai, A bequeaths his flat and all his assets through a will to his only wife B for her life, and after her death, to their only two sons, C and D. B, C and D are the only beneficiaries and legal heirs of A. B,C and D do not wish to enforce A's will. They all sign a duly witnessed family arrangement confirming their agreement not to enforce A's will, but, instead, to inherit A's flat and property as legal heirs through the legal heir certificate. Then, C and D execute release deeds releasing their share of A's property as legal heirs to B. Is this legal and is A therefore deemed to have died intestate?
Yes, this arrangement is generally legal and A can be considered to have died intestate if B, C, and D agree not to enforce the will, and instead, distribute the property as per the legal heir certificate. Here are some key points:
- A family arrangement is legally valid if all parties agree and it is duly witnessed.
- The release deeds executed by C and D in favor of B are also valid.
- As they are not enforcing the will, A is deemed to have died intestate.
Do you have any further queries or need assistance with any documents?