My mother passed intestate in 2016, with 3 Class-1 legal heirs (adult sons). At the time, eldest brother informed us of mothers' wish (& middle brother agreed) -- to relinquish Delhi DDA home; a welfare-society plot with 1-b/r home in another city; & Bank balance (to explore creating a ~Rs.10 Lakh education trust) to me We reached an oral agreement, & I took responsibility to prepare documents. However, after I shared Relinquishment Deed, they reneged on the agreement Emails by both brothers fulfill criteria of legal validity & enforceability of agreement - 1 Proposal -- Eldest brother has acknowledged his proposal. He has stated i "Please be informed that the decision taken by me that day in 2016 now stands null and void. I disagree to give you the assets belonging to mom." ii "I have decided to altered [sic] my consent, sure reneged." Middle brother too has written to confirm his acceptance of eldest brothers’ proposal, & his decision to relinquish his share. 2 Acceptance of proposal -- Upon my email request, both brothers shared their photo ID details & street address required for Relinquishment Deed; thus, demonstrating Acceptance by participating in legal steps to complete agreement 3 Lawful Object -- Registered Home & Plot title held by mother. Eldest brother gave me all property & Bank docs 2015, a yr before mother passed, & are with me 4 Lawful Consideration -- There was no consideration demanded or discussed by both brothers 5 Ability to Contract -- All brothers are adults (two senior are citizens & one on the threshold). Additional I moved into the Delhi home in 2015 & continue to live here. Eldest brother is nominee of welfare-society plot, in a different city. 1-bedroom residence unit on the plot was on rent when mother passed. Tenant use to deposit rent directly to mothers’ Bank account. An aunt, now passed away, was nominee at this Bank a/c. Eldest brother is nominee in two bank a/c in Delhi, now dormant. I have filed her IT returns. I closed her Post Office FD accounts just before she passed away Questions 1 Delay in filing suit: Mother passed 2016, 6-yrs ago. While aware that legal system is only avenue to enforce oral agreement, I experience extreme emotional stress and physiological discomfort whenever I have started thinking about filing a civil suit against my brothers. This has resulted in mental-blocking & delay in decision making. Now, its time & I am ready to confront and resolve this issue As preliminary step, I sought intervention of Delhi Dispute Resolution Society. Fallacious written response by eldest brothers and insignificant mediation skills of the Mediator at DDRS were extremely frustrating & disappointing. This dejection also contributed to delay in approaching Court. Under what considerations will Court condone delay? 2 What arguments or circumstance would nullify the oral agreement? 3 Any other legal aspect I should apprise myself before approaching Court?
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On mother demise you and your siblings have equal share in property
2) your siblings have not executed any relinquishment deed or gift deed for their share in property
3) your civil suit to enforce oral agreement is barred by limitation
4) court will not condone delay in filing suit
1. you can approach court with a genuine partition suit there is no time limit to file this suit.
2. oral agreements are not enforceable in law.
3. you consult an advocate and file a partition suit to claim your rights in the property
After demise of mother in 2016, two elders orally agreed to relinquish Delhi DDA home; a welfare-society plot with 1-b/r home in another city and bank balance in your favour. You want to enforce the said agreement. For enforcing agreement with regard to division of ancestral property, there is no limitation. Technically, agreement without consideration is void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation. Facts stated by do not fall in any of the above exceptions. Further, it is difficult to establish such oral agreement without any documentary proof. But as a legal heir you are entitled to 1/3 share in all properties left by mother. File a suit for partition of immovable and movable properties and get your share.
1. In respect of title of an immovable property, the limitation to file a suit is 12 years.
2. Any oral agreement has to be proved only by competent witnesses.
3. It is better for you to file a suit for declaration of your title as a legal heir and for partition of your deceased mother's estate in accordance with intestate succession.
1. Only if you show sufficient cause delay is condoned.
You will have only one-third share in your mother's estate which you can claim by way of a partition suit.
Oral agreement between the family members cannot be enforced. In your case, acceptance of offer would be completed only after the relinquishment or release deed was registered by your brother in your favour. Without that, your claims will have no basis.
1. An oral agreement is not admissible before the court primarily , as cannot be proved before the court.
- Further, it is valid , if there is not dispute between the parties or legal heirs.
- Further, if they are not ready to give your share , then you can send a legal notice to them for the division of the property , and on refusal you can file a Partition & Injunction suit before the Court for getting your share and to restrained them from selling /transferring any portion of the property.
- Further, it can be filed any time on the ground of refusal of the oral agreement .
