• Need solution to my property disputes

Sir,
My name is Sumit Kumar and I need your advice. I start from the beginning, My grate grandfather has one property, they have 2 son's and 2 daughters, and in 1993 he was expired, then his property was transferred to his wife who was my grate grandmother, then between his two sons, one son was expired who was my grandfather, now my father & second son of my grate grandmother is left. Then in 1999 we make a family agreement between my father and second son of my grate grandmother , which includes ground floor of property was held by my father and first floor is held by second party. After then in 2001 we make a mutual agreement which contains my father was purchase property from second party (it's own part) and they both agreed an amount and my father gives him Rs. 1000 as bayana and make agreement for rest of the money if he left the property, but he is not left the property and not return the amount, then in 2016 we start a fresh negotiations with him, and tell him for do something with this regards, and he was agree for that and said that he buy the property from us on market value and he take time from us for arrangement of money, so we agree and enter in New agreement with him , which contains if he was failed to pay the money on 27 August, 2017 then my father gives him same amount and he has agree for sign and left the property, but now he refused to do anything about this and cancel the agreement on this part. Now I need your help , I have all the property documents and agreement documents and I also have a many audio recording related to the recent agreement. I tell you that the property condition was very poor and damaged and it was in dangerous situations because of its condition. The house build in 1980's and never renovated or build. The property located in south delhi, Khanpur Colony-110062
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

on demise of great grand father great grand mother , 2 sons , 2 daughters have equal one fifth share in property

2) you have stated that in 1993 great grand father expired and property transferred in name of great grand mother

3) did the grand father and his 3 siblings execute relinquishment or gift deed to transfer property in name of gret gran mother

4) family settlement of 1999 can be challenged by the 2 daughters as it is not signed by them

5) your grand father would not be absolute owner of ground floor

6) obtain gift deed or relinquishment deed from your grand aunts

7) then file suit for specific performance against grand uncle

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

contact a local lawyer

2) file suit for specifc performance

3) grand uncle cannot unilaterally cancel the agreement

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Was it a registered agreement

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Concerned.

Understanding your notes it seems that that agreement you are referring to is not registered. Even then this is a clean case of specific performance.

Without delay you should file a case under specific performance immediately after 17th August. You should also propose to buy his part as per agreement and later file suit.

For better clarification we suggest to kindly get in touch with us for a discussion on subject .

Best of luck

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Move to the court by filing a suit for specific performance of the contract. Also, move an application for injunction restraining your uncle so that he may not sell his share in the property to a third party.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Deed of family settlement is not stamped and registered and is not admissible in evidence

2) great aunt legal heirs would have equal share in property

3) file suit for specific performance as advised

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Any unregistered agreement entered between parties in respect of the immovable property shall not be maintainable inlaw and cannot be enforced.

Hence you cannot force him to perform his part of the contract.

Your father has to drop the proposal by taking back his money

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

Now my questions are : -

1. Now the family agreement (1999) was legal.

The unregistered agreement is not valid in law.

2. Now the my father’s phufa ji are claimed in this property, whereas my father’s great aunt’s are expired.

Her legal heirs are entitled to a share.

3. Now the agreement on white paper are exhibited in the court as a proof of legal documents, which was signed by 5 persons. For filing the case against the my father’s uncle (Chacha ji).

This may not be maintainable since it is not a registered document, however the court my decide on merits based on the witnesses

4. Or we can sealed the whole property making a complaint in the MCD before dispelled him from that place.

MCD has nothing to with this.

Your father may file a partition suit and claim his share if no other steps work out

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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