I am the third son in the family of 4 sons. My grandfather had purchased a no of properties and executed a will. As per my grandfathers will all his property should be inherited by his only son and 4 grandsons. My father had also died and had not executed any will for the property inherited by him. During 2011 my brothers decided to sell a residential property purchased by my grandfather and pursuaded me to purchasse the same as i was not ready to sell my share. Accordingly a family release deed was executed and duly registered mentioning the amount payable to each of the legal heirs including my mother. The family release deed duly acknowledge receipt of the money by all the releasors. The rent from the said property was set aside for meeting my mothers monthly expenses after the death of my father. in addition to the family release deed to ensure money for her monthly expenses i have entered into a memorandum of undertaking with my mother on Rs.20/- Non Judicial Stamp paper (not registered) wherein i have given her right to stay in the above referenced property and also undertaken to pay an amount of Rs.7,50,000 on good intention either in full or in part as and when demanded. I have also undetaken to pay an amount of Rs.7000/- per month towards her maintenance charges as the rent from the said property was kept aside for her montly expenses prior to the family settlement. Out of the above agreed amount i have repaid Rs.3,50,000 on various dates to meet her medical and other expenses. Being my mother i have not taken any signature for the payments made to her but paid the amount at times directly to her and otherwise thru third persons. In 2014 another agricultural property in my grandfather's name was partiioned,wherein 1/5 share (my fathers share), even thou gh she was eligible only for 1/5 share of my fathers share, was partiioned in my mothers name and 4 other legal heirs inherited 1/5 share. As the said property was not generating much income i continued paying Rs.7000/- p.m. In 2017 my younger brother pursuated by mother to execute a settlement deed with which the whole 1/5 share partitioned in my mothers name was tfd to his name. While checking the Ec for the said property i accidentally came to know about settlement. Thereafter i stopped paying her Rs. 7000/- monthly. Now she has filed a complaint in the Sub collector office claiming the amount of Rs.7,50,000/- complaining that i am harassing her by stopping the monthly payment. Please let me know what will be the procedure at the Sub Collector office. What are the possible orders the sub collector can pass in this regard. Do they have any right to compliant about the family settlement deed registered in 2011.can i appeal in court.pls reply
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the complaint was filed under senior citizon act
the agreemant was only good intention agreement .but she claims wrongly because she only support younger brother
THE registration of ther property was on2011 .can they made any proplem thro sub collector office
Sor you have right to appeal.firstly.secondly you can respond to her complaint showing the true facts and payment made by you to her.
You can contest the complaint of.mother . If it is for cancellation of settlement you can show all amount paid ans accepted in the deed.
No coercive action ncan be taken by the sub registrar office. She needs to approach the court for the same if she intends any action. You can also approach court for securing your rights
You would be directed to pay monthly maintenance of Rs 70000 and pay Rs 7.50 lakhs agreed to be paid by you
2) you have to enclose your bank statement to prove you have paid her Rs 3.50 lakhs
Agreement signed by you and mother is binding upon you
Once release deed is made duly stamped and registered mother had no share in said property
If you have agreed to pay a sum of xx by virtue of an agreement then you are bound by the terms. Seems there is a contract between you and your mother. Just because it is not registered one cannot plead that such contracts are invalid in law.
Have you received notice from sub collector ?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Dear Client
The procedure at sub collector office is that they will ask for evidence of payments made by you to your mother which you don't have. so they will order you to pay the amount promised by you to her.
They can challenge to settlement only on basis of fraud which you haven't committed as your mother is claiming the amount on basis of agreement which was made after settlement deed and now your mother cannot claim for cancellation of settlement deed on ground of not paying the money.
She might have approached the RDO for relief on the basis of the manipulated claim tutored by your younger brother.
The RDO can make an inquiry into the complaint made by the senior citizen in this regard.
You may appear before the said authority along with all the relevant documentary evidences supporting your statement and if possible you may take the witness also to prove that you had been giving her money time and again.
There is nothing wrong in attending enquiry session in this regard.
If you are aggrieved by any order then you may prefer an appeal against the RDO's decision before the appellate authority.
Yes, the RDO has got powers to inquire against the complaint under this provision of law and can summon the person against whom this complaint has been submitted.
Such developments are common especially when there are greedy and jealous people living around you.
Now you should realise your mistake of committing to such things in writing, especially when no other brothers have come forward to take care of your mother.
Even now in your enquiry session you can mention this and hold others also equally responsible for maintaining your mother and to take care of her.
It cannot predicted that what all they have up in their sleeves to put pressure on you, however you may concentrate on the present cae and inform the authority that this was given in good intention and that you are not bound by any such obligation.
You may also state that it was you who had taken care of her all the while till this date even though she had favored the younger brother with other benefits.
If necessary you may take the assistance of an advocate to help you out in the enquiry session.
