Legal Question in Wills and Trusts in India

Thank you very much since you have agreed to file no objection for grant of Letter of Administration and any other documents & affidavits etc required for mutation/name substitution in L & D.O., M.C.D., government records etc in favour of beneficiary of genuine & valid Will executed by testatrix I of my own due to my lov and affection for you, I say -

1.that irrespective of registered Will 4% extra of your 1/3rd value in the house will be paid to respondent-2 if the full house is ever sold.(respondent-2 has ⅓ share in the house allotted in partition long time back)

OR

1.a.that irrespective of registered Will 4% extra of your 1/3rd value in the house will be paid to respondent-2 if the full house is sold within 50 years (respondent-2 has ⅓ share in the house allotted in partition long time back)

I will be taking one of the clause from 1. And 1a according to what is agreed with the respondent 2.

2.That responded number 2 will not go for specific performance and demand for selling the house.

3. It is made clear that 4 % to be given as mentioned above if full house is ever sold as aforesaid mentioned does not mean that Respondent-2 will have ownership rights in Testatrix share in the house.

The above three clauses in the settlement are main clauses.Clause 3 may not be needed.

My advocates tell me that the above clauses are void and I say that the above clauses are not void at all, what your Advocates have to say about the above clauses or you may suggest Thank you

1 Answer from Attorneys

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