• Affidavit

My grandfather had three sons and in 2002, we separated. as per family members intervention, my grandfathers property consisting of built  house and garden plot was divided among three sons.
My father and his elder brother divided house among themselves and the eldest took the open plot.
All this is written in a affidavit signed by three brothers. No registration was done
For 10 years my father had paid tax for his share and the open plat as well.
Three years back, my father applied for registering his share and he presented all the tax documents.the municipality has registered the "Half house"+"Open Plot" in my fathers name,
Today by uncle has sent legal notice to my father stating "to register the open plot" in his name.
Asked in Property Law from Bangalore, Karnataka
I presume that the legal notice is sent by your eldest uncle to your father 'to register the open plot' in his name. In your  own narration, you have stated that the eldest took the open plot and the same is written in the affidavit signed by three brothers. I fail to understand how can corporation register 'half house' +'open plot' in your father's name.  Your eldest uncle is only just in claiming his share of the property.  However, the correct opinion can be given only after perusing the papers. How did your father & his brothers got the right to divide the house and the open plot amongst themselves. Was/were there any other sibling/s?. Did your grand father died intestate(without leaving a WILL)?. Is there a WILL of your grand father?  You also say that "No registration was done", in that case, they would not have paid stamp duty to the govt. Then the document would not be valid. Better to consult a local Advocate with the documents to proceed further.
Shashidhar S. Sastry
Advocate, Bangalore
1339 Answers
74 Consultations

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1) Deed of family settlement ought to have been made in respect of built house and garden plot . it ought to have been duly stamped and registered . 

2) mere affidavit signed by 3 brothers is not sufficient . it appears to be a ploy to avoid  payment of stamp duty on partition of the property . 

3) it is better to arrive at an amicable settlement with your uncles . 

4) it is also necessary to go through the affidavit signed by your father and his brothers to further advice .
Ajay Sethi
Advocate, Mumbai
28427 Answers
1542 Consultations

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By what instrument of law has the property been divided between your father and his brothers? A property cannot be divided on the basis of an affidavit. Furthermore, if the document which according to you purports to be an ''affidavit' has not been registered then it is very likely that no legal division of the property has taken place

Your father's eldest brother has demanded that the open plot which was agreed to be given to him should now be registered in his name. If the property has lawfully been divided then what impedes him from himself registering it in his name? Is your father in possession of the open plot? 

It is necessary to peruse the 'affidavit' whereby and whereunder the property was divided and also the lawyer's notice issued by your father's eldest brother. You should consult a lawyer personally and show him these 2 documents to get a clear picture.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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