Hi sir/ Madam I am Ravali (Girl age 23 married) my father was already dead and i am only one child. My elder father n young father, Grand father n Grand Mother n my mother all r alive 3familys sit aroung including grand parents under witness and finally decided for sharing properties. Finally the aggrement was settled and written on white paper We all r signed including grand parents and 6 witness on 5/6/2016 Now grand mother and younger father not comming in frent of witnesses for providing bounderies. They tolding now after grand parents death we can share. But we newly find that younger father registered some properties before the agrement (which is a commercial complex and registered it at the time of buying while his age is 19yrs student, My grand father n grand mother not signed and my grand father name was enrolled in Grampanchayathi from 35yrs(since 1980) upto now and now i got Owenership certificates for all the properties from Grampanchayath in favour of my grand father) Quetions: 1. If i file any legal case on my younger father using with the above agrement? Or i have legal rights to share my grand parents property throw court? 2. The white paper agrement will legally challenged and agre the court? 3. If my mother have any legal support from the law to share my father share? 4.If law support us to share my grand parents propery in future if they registered(or will) total property to my young father(s)? 5. If there is any chance to occupy my favored noticed properties in the above agrement if do so there is any legal issues?
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In the agrement we also agrred for deposit 100000/- from each family for grand parents (total 3 lacks) Grand father have 2 more properties and grand mother have total 3 properties including one from their parents The above said all are own themself
I enquired that total properties can t shar only for one child Other childs also has rights to take shar from their parents
It appears to be memorandum of family arrangement and woukd be binding upon parties
2) it is necessary to peruse said arrangement to advice
3) during your grand parents lifetime yiu have no share in their property
4) on grand parents demise your mother and you woujd inherit father share in property
5) grand father can execute will bequeathing property to younger father
6) you can start staying in properties mentioned in memorandum of family arrangement
Prepare list of properties
2) obtain copies of sale deed for purchase of those properties from sub registrar
3) consult a local lawyer
On grand father demise. Al his children woukd have equal share in his properties
2) yiur mother and you woukd inherit father share in properties if grand parents die without a will
1. Who do you call 'younger father' and 'elder father'? Who is your biological father?
2. If the partition deed has been executed, and you were a signatory to it, it cannot be challenged by you now. The properties of your grandfather, if he died intestate, will devolve according to law of succession on his legal heirs.
3. The share of your father has further devolved on his widow and children. So either you or your mother can file a suit for partition to cull out your respective shares.
4. During their lifetime your grandparents are at liberty to execute a will of their share,
1. If i file any legal case on my younger father using with the above agrement? Or i have legal rights to share my grand parents property throw court?
If this property belonged to your grandfather then only he has rights to execute a partition deed partitioning the properties lying in his name among the people he would like to allot his property or by a family arrangement or by setlement deed, however all such documents involving transfer of immovable properties shall be registered mandatorily. Any unregistered agreement that too on a white paper is not valid in law and you cannot file any such case agaisnt anyone on that basis before any court.
2. The white paper agrement will legally challenged and agre the court?
It is not valid in the eyes of law.
3. If my mother have any legal support from the law to share my father share?
If it was your father's property then your mother may have a share in it likewise you to have a share as a legal heir to your father
4.If law support us to share my grand parents propery in future if they registered(or will) total property to my young father(s)?
Any registered document involving the transfer of property shall be considered as a valid transaction.
5. If there is any chance to occupy my favored noticed properties in the above agrement if do so there is any legal issues?
Legally you cannot do so.
In the agrement we also agrred for deposit 100000/- from each family for grand parents (total 3 lacks)
Grand father have 2 more properties and grand mother have total 3 properties including one from their parents
The above said all are own themself
Instead of making a deposit you could have made a sale agreement or sale deed itself which would be having more authenticity than this white paper agreement.
I enquired that total properties can t shar only for one child
Other childs also has rights to take shar from their parents
There is no law for the children to claim rights in their parents own and absolute property during their lifetime.
So first understand the position of law in this regard and then decide about further course of legal action in this.
Did each family deposit one lakh with grand parents as per agreement kindly clarify
if grand parents die intestate your father and his siblings would have equal share in property
however grand parents can by will bequeath property to any child they deem fit