Dear All,
'F' is a father. He has a daughter 'D' from his first wife 'W1'. He remarried to second wife 'W2'. He has two sons from his second marriage 'S1' and S2'. S2 predeceased F. F left a Will which is not yet probated. In the Will he states that he owns one house property 'H1' solely and the other house property 'H2' jointly with his wife. The will states that his share in both the house property should be equally distributed between 'D' and 'S1'.
After his death his second wife'W2' claims that she is the sole owner of 'H2', as the share certificate only states her name as the owner. Her name was only for convinience purpose as is claimed by the daughter 'D' from first wife.
Now all the parties have mutually agreed that 'D' will forego her share in 'H2' in lieu of increased share in 'H1', while the 'S1' will reduce his share in 'H1 and forego his share in 'H2' and that 'W2' will be the sole owner of 'H2'.
Can a family arrangement be drawn on the above basis as the shares in 'H1' were never in dispute. Now the shares in H1 are being changed. Will it be a valid family arrangement? Or is the Will to be followed in case of H1 and family arrangement be drawn only for H2?
