My father bought a property 20-25 years ago in name of my grandmother. My grandmother passed away 12 years ago without will. My father has 2 brothers form which 1 was separated long back and given up his share of property and 1 brother took all the share (cash and other properties) which we have agreement in 50 RS stamp paper with 3 witness, let's call him Uncle 2. During Seperation 1) My father got 1 property, which is in name of my granmonther 2) Uncle 2 got 2 properties, 1 property was in name of uncle 1 and another one which was partially on his name and his late wife's name. 3) Uncle 2 also got Cash, Gold and car Now my Uncle 2 forcefully acquired part of our property for 4-5 years and now he sent us legal notice to give him 1/3 of property. He also has 1 property in the name of his late wife and himself (1/2 each), which was given to him during sepration agreemnt. We are four brother's and my father is giving us share in his property but my cousin (uncle 2's only son) is not getting anything from him as he is very very greedy. Property is located in - Chhattisgarh So now I have following doubts 1) How strong is the 50 rs agreement which clearly state that only my father has share in my late grandmother's property? 2) Can my cousin brother claim his late mother property? 3) We did a mistake of not transferring property to my father name after agreement so can we do that now? and will 50 stamp agreement be enough for name to be transfered? (note - we have received legal notice which we have replied to but no court case has taken place) 4) In Legal case, my uncle 2 has also false accused our whole family of beating and abusing him and his wife, we have CCT evidence that no such activity was. 5) If we giveaway 1/3 of the property to our uncle 2 then can my cousin brother claim any share in that property? Appreciate the efforts Thanks
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1) deed of family settlement has to be duly stamped and registered to be admissible in evidence
2) agreement on Rs 50 stamp part would not be admissible in evidence
3) fir carrying out mutation of property in father name notice would be issued to legal heirs ie your father siblings
4) if they object you would need court orders for declaration that your father is absolute owner of property
5) if you are giving uncle share his son would not have share in property
1. uncle 2 will be bound by the separation agreement
2. since uncle 2 already took properties under the separation agreement, he cannot now dispute the separation agreement and claim 1/3rd share from property which went to your father under the separation agreement
3. uncle 2 has accepted the separation agreement by taking the properties therein which were given to him as part of mutual arrangement. So he is now estopped from claiming share in your dad's property. Principle of Estoppel applies
4. no need to give any share to uncle 2 from the property which came to your father under the separation agreement
5. your cousin will get share in Uncle 2 property only after demise of Uncle 2, as a legal heir of uncle 2, provided that uncle 2 has not sold the property in his lifetime or made any bequest of that property by making a Will in favour of some other person
Dear Client,
Agreement is not admissible in evidence due to non registration but it can be used for collateral purpose to prove the settlement happened between the parties and uncle already received his share in father`s properties.
Cousin have 50% claim in mother`s share.
On the basis of this agreement, no transfer can effect still can try.
Cousin brother have no claim in father`s property in his life time.
1. The unregistered agreement is not valid in law and it cannot be considered as a valid partition, it will not be maintainable if approached a court of law to seek remedy on this.
2. Yes, he can very well claim since his one of the legal heirs of his deceased mother.
3. The unregistered partition deed will not confer any title and moreover the same cannot be registered now at this. A fresh registered partition agreement among the legal heirs will be the valid option
4. This you can challenge tin the court trial proceedings.
5. He can claim share only from his father's share of proeprty.
