Is "B" entitled to the remaining 2 crores from "C" after "A" passed away?
“A" made a will in 2013 and gave his property to "B" in the name of will but in 2014 in made a sale deed of same property with "C" in exchange of 5 crores but "B" only could receive 3 crores from "C" and later in 2015 "A" died. Is "B" entitled to the remaining amount of 2 crores?
In the above case, "B" might not have any rights on the remaining 2 crores. Since "A" has transferred ownership over the property by executing the sale deed in favor of "C", as such the will executed in the year 2013 shall have an inferior status of preference, and since "C" has paid only 3 crores to "B," it implies that the sale was finally effected for 3 crores and in case "C" has no specific contractual liability to pay the balance of 2 crores to "B" then he shall also be debarred from claiming it on "A's" death. The validity of the sale deed forms the basis of determining rights on the property and proceeds.
In the case under consideration, since it can be interpreted that "B" will not get any right over rest amount 2 crores as there is a sales deed given by "A" to "C" after it had completed generally which supersedes over the will made of year 2013. Where in B received only Rs 3 crores form C therefore indicates that the above sales have been completed upon amount. Unless there is a specific clause in the sale deed or a legal obligation for "C" to pay the remaining amount to "B", it is unlikely that "B" can claim the extra 2 crores after "A's" death.
Sir, "B" is not entitled to the property after the sale deed with "C," but if there was a financial agreement regarding the distribution of the 5 crores, "B" may have a legal right to the remaining 2 crores. "B" should consult an expert lawyer and explore contractual or financial claims. For further legal assistance contact us on our helpline number.
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