My cousin (person A) is facing property dispute. He has a mother, an elder brother and a younger sister, all Muslims. After his father passed away, his elder brother (person B) got all the family members to sign an agreement on a stamp paper which would make the property of the deceased father in Bangalore, worth approx. 6 crores Rupees in his (B) name. In return, he (B) gave a property worth Rs. 65 lacs to his mother and about the same value property to the sister and nothing to “A”. However, in the mother’s property he mentioned a clause that after the death of the mother it would go to “A”. “A” is mentally weak and is not of sharp mind. He thus signed the agreement despite not getting any consideration, in an emotional gesture. It has been seven years since the agreement has been signed. “A” is now facing severe financial problems but is not getting any support from “B”. He opened up to me about this and I made him realize his mistake. Can “A” have any recourse to get back his due rights on his deceased father’s property?
It's not clear the nature of seed of conveyance to his mother or sister.
On death of father all his children and wife inherits his property in share as prescribed by Sharia law.
So their share gets relinquished only if they register any deed of gift or release in favour of A.
The deeds which are mentioned here doesn't relinquish their share and can be enforced by filing a suit for partition.
A suit for cancellation of the deed must be filed in the civil court. As he is mentally unstable that woukd be in his favour too. Also in Muslim law a person's share is fixed in the property.
You need you challenge the deed if on the ground of fraud or other suitable ground. You need to challenge the suit
Yes, he can have but it would be little difficult as once he will try to challenge it before the court he have to show some cogent reasons behind his act like coercion , mis representation etc.
Regards
The unregistered agreement signed by your cousin is not enforceable in law.
Your cousin can file a partition suit claiming partition of the property and to allot his legitimate share in the property with separate possession of his rightful share out of that property
The so called agreement is not maintainable in law.
Yes,Definitely.
Pl file suit for injunction and declaration of title and interest before the Court and challenge the Agreement on the basis of unsound mind of your Brother with the issues of non- registration of Agreement which is not enforceable under Registration Act.
You have to mention the fact that the present matter has come to your notice from the day and time on the point of limitations recently hence the suit is not barred by reason of limitations Act.
Is the agreement duly registered ?
2) un registered agreement is in admissible in evidence
3) he should file suit for partition for division of property by metes and bounds
4) seek an injunction restraining sale of property by B
As per Muslim Personal Act property of deceased fathers distributed among legal heirs sharing ratio as per Islam. So "A" can file suit in the court for his share as a legal heirs.
Dear sir,
1. A can challenge the settlement agreement on the ground of him being mentally unstable, undue influence and fraud. The fact that he is getting no properties, he is mentally unstable and facing financial crisis will be strong factors before the court to cancel the agreement.
2. Also, institute a suit for partition of all the properties by metes and bound and seek consequential relief such as mesne profits (income made because of unlawful possession), injunction from disposing off the property.
It is recommended that you initiate the legal process soon as its already quite late.
Best wishes.
Unregistered agreement dose not transfer ownership. A still have share in 6 crore property. Tell him to file partition suit or/and FIR to claim his share.
- As per Muslim Law, the right of inheritance of property comes only after the death of a person.
- Further , distribution of property can be made in two ways, firstly per capita or per strip distribution.
- Per – Capita distribution method is used in the Sunni law , and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.
- Per strip distribution method is used in the Shia law , and according to this method , the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
- Further , there is no distinction between the right of men and women , each has right over the said property.
- However, a female will get half of the male share .
- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .
- Hence, being the legal heir of his father , B is also liable to get his share equal to the A.
- Further, the said agreement dully signed by all members including B is not having value in the eye of law, also if the said agreement not registered from the office of the Registrar.
- B should issue a notice to A and others for the partition of the property ,and thereby ask his share in the property.
- If refused, then file a Partition Suit .
Dear Sir/Madam,
If "A:" is of unsound mind or was of unsound mind while signing the agreement; the said agreement will be null and void and A can demand his due share afresh.
1. ALL the residual Legal Heir's of deceased Father, have EQUAL stake /claim without any further legal reference, PROVIDED Father did not leave any WILL.
2. To divide the property, the legal heirs have to execute a registered "Partition Deed" clearly specifying share ratio of the property to be distributed.
3. Mere stamp paper agreement is legally infructuous and null & void, during legal disputes in Civil Court.
4. "A" can file Partition Suit in the local Civil Court, for his share ratio of his Father's property.
He can file partition suit against his brother in ground that the agreement was done under misrepresentation by his brother.
if A executed Registered Relinquishment/gift deed in favour of B then it is not possible to challenge same.
if agreement is unregistered then A can file a suit before the appropriate court and can claim his right in the property.
