Question regarding agreement and will

Parents have cheated their daughter!

Eeverything is possible in this mortal world.

Originally posted by : Sherin
	So one of my friend's parents cheated her ... but now they have come to an agreement to return the money they got from her for selling their property ... THey already have a will in place on the distribution of said property ... but have agreed to give an agreement stating they owe her the money which will be returned by then either after selling the property, or if they're deceased, the proceeds from the sales will be distributed after clearing her dues ... is such an agreement valid when there's a will registered that doesn't state this detail already?    Any inputs will be helpful   Thanks a lot :)

What is stated in the WILL that is already in place?

The person whose  money is not being paid back should have a proper reciept/agreement so that he/she can suceed to have a charge on  estate of borrower.

Hi,

My friend paid her dad by cheque to his account, but did not get an agreement done as they were her parents. Though she has bank - bank transaction proof for the money, they could claim that it was paid towards their upkeep or whatever from their daughter! I guess, so proof won't be useful, her parents said when she considered legal help. 

However, they have agreed to return the money back. Her parents have a will which states that the said property should be divided between their kids, but does not mention the amount owed to my friend. After she said she needs an agreement, they have agreed to give an agreement stating they owe her the money, which will be paid back after the property is sold, in case they're decased, it will be returned to her from the proceeds before the proceeds are divided between the kids. 

So, will such an agreement be valid, when the will doesn't mention the said money as owed? Won't be registered will be considered and the other agrement be discounted? 

They cheating her is just the tip of iceberg and they have agreed to fix the problem since relatives intervened ... I hope they let her live her life in peace after this!

Thanks for your reply Kumar. 

Originally posted by : Sherin
	Hi, My friend paid her dad by cheque to his account, but did not get an agreement done as they were her parents. Though she has bank - bank transaction proof for the money, they could claim that it was paid towards their upkeep or whatever from their daughter! I guess, so proof won't be useful, her parents said when she considered legal help.    However, they have agreed to return the money back. Her parents have a will which states that the said property should be divided between their kids, but does not mention the amount owed to my friend. After she said she needs an agreement, they have agreed to give an agreement stating they owe her the money, which will be paid back after the property is sold, in case they're decased, it will be returned to her from the proceeds before the proceeds are divided between the kids.  So, will such an agreement be valid, when the will doesn't mention the said money as owed? Won't be registered will be considered and the other agrement be discounted?  They cheating her is just the tip of iceberg and they have agreed to fix the problem since relatives intervened ... I hope they let her live her life in peace after this! Thanks for your reply Kumar.

Take help of same relatives to get reciept/agreement signed and preferably registered.

Take help of your local counsel specializing in civil matters.

The relatives don't want to be hard on the parents as "they're elderly" and though she is cheated ... they're her parents and she owes them!!! So, just an agreement can be done ... yes, consulting a local lawyer is something that can be done ... but most advice to just let go because they're parents ... being married, it can put a strain on her marriage, which is why she wants the agreement done ... 

Take help of your local counsel specializing in civil matters for drafting/registering agreement.

Take help of same relatives to get reciept/agreement signed and preferably registered.

The person whose  money is not being paid back should have a proper reciept/agreement so that he/she can suceed to have a charge on  estate of borrower.

 

The WILL can be changed as many times.

Self acquired estate/property can be disposed without anyone's consent. 

Try if WILL can be registrered and let testator(s) share copies by thier sweet will/wish.

You are welcome.

Hello Kumar,

Thanks a lot for your inputs. Will is already registered, that's why wanted to confirm if this agreement will still be upheld legally. 

Like I mentioned, everyone thinks parents should be let go, no matter what .... and after meeting so many people who have the same opinion irrespective of who is right ... it is getting difficult ... that's why she just wants to get an agreement and see how it goes from here. 

Regards

The executor of the WILL may  clear the debts.

Take help of your local counsel specializing in civil/succession matters for drafting/registering agreement.

 

If a testator acknowledges a debt in writing, the clearing of the debt will have precedence over any will made by the testator.

If  testator agrees he/she may make a mention of debt in WILL/revised WILL.

Whether the testator mentions the debt in the will or not, the creditor has the first claim on the estate.

Thanks a lot for clarifying :) I don't think they will revise the will ... it is registered ... besides, they don't want to do anything that will trouble them ... they have agreed to sign an agreement and hand over ... that's the best we can expect I guess ... I am gladthe debt will be given importance irrespective of whether the agreement was done after the will registration ...