Jaya 08 November 2017

Advise

We are 5 Siblings (three boys and two girls) My father expired in the year 1999 without making a will. In the year 2014 we made a agreement over the property and diviided the property among the boys only. The girls were also given a share (Not equal) They had agreed to this and the agreement was signed. The property was registered in 2016. Now the girls are demanding equal share int eh property. Please do let us know if their claim is justified. We belong to Coorg and are from christian community.

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Vijay Raj Mahajan (Advocate) 08 November 2017

Law inheritance for Chritians in India is covered under the Indian Succession Act, 1925 if the Christian is survived by the children only, all children get equal share in the property of the intestate, namely person who dies without making a Will.

If the children reach an agreement about sharing the property amongst themselves not according to the rule of inheritance as provided in the Act of 1925, then they are bound by this agreement and cannot challenge it unless there was any force or undue influence or fraud involved in entering in such agreement. The onus to prove this shall be on the person challenging the agreement.