A family comparison agreement must clearly define the distribution of the assets or title and that any person sharing the statement is absolutely entitled to it. If it is intended that the estate be held jointly, the family agreement should clearly state that the estate is held as common property and whether it is intended for the heirs of the members to inherit or not from them. It is important to properly structure a family contract so as not to leave the contemptuous a title or asset available that can be the subject of a will. At the end of the day, it is of course the harmony between the family members that is perhaps the best protection for the proper execution of a family agreement. A Family Comparison Agreement (LSA) refers to an agreement reached by all heirs on how the estate of a deceased person will be distributed and distributed. If a will is unclear, poorly executed, or does not accuse an entire estate, an ASL can be used to complete the succession process. Members must declare that they agree and that they meet on the terms and that this agreement is a final word and would put an end to the ongoing dispute within the family regarding the property. The comparison should be made with the aim of resolving family property disputes and competing claims through a fair and equitable distribution of property among different family members. This rule was adopted by the Supreme Court in 1976 in Kale v. Dty. Director of Consolidation (see here). Mata adds that it is important to properly structure a family agreement so as not to leave any remainder or disposable assets to the adrepte that can be the subject of a will.
At the end of the day, it is of course the harmony between the family members that is perhaps the best protection for the proper execution of a family agreement. Those who sign the deed must also bear in mind that the settlement instrument also has the force of res judicata and that all parties who approve the terms must comply with it. It would also be transmitted to the relevant authorities, which will facilitate the transfer of ownership and distribution, in accordance with the conditions set out in the agreement. The parties are also required to issue a certificate of no objection and other documents relating to the transfer of immovable property. “consideration”, as it relates to contracts, means something of value that one of the contracting parties promises to the other. In this case, the consideration of each of the parties would be what each of them would give up if the property were to be distributed in the estate according to both wills. Once the documents relating to the results of the negotiations have been prepared and signed by all parties, the agreement will be submitted to the Tribunal and will become an enforceable and binding contract. A family comparison agreement is in part an agreement to which all beneficiaries and heirs have adhered in order not to bequeath the will. The will of course provides for a certain scheme for the distribution of the deceased`s property. If the will is not recognized, the family comparison agreement must include a distribution plan that will replace the distribution plan developed by the deceased in his will. This article was written by Anna Kallivayalil, student of (B.A. L.L.B.
Hons.) NLU Delhi. In this article, she wishes to clarify the concept of replacing inheritance rights by a mutually advantageous act in family comparison agreements. . . .