In a family, 1 brother initiate to buy a plot of 200 yds and paid in full. He sent his father to do the registry at registrar office in 1967 time (That time, buyer was not needed to present personally). But, his father did the registry in favour of 2 sons instead of 1 son. As a matter of respect, his son did not ask his father to get a copy of registry or its original. After 3 years, in 1971, he needed a copy of registry to file an application for electricity connection, then only he came to know that it has become a joint property whereas he has paid in full. Then, he protested with his father and asked to remove his brother's name from his property. After a meeting of family members & some friends, an agreement was made on Rs. 2 stamp paper and his brother transferred his share to him. Both brothers signed the agreement and two prestiguous neighbous witnessed it. The original buyer is in possession from the very beginning in the whole property. Now, after around 43 years, his brother is challenging this agreement and claiming his 50% share in the property. The agreement was not registered as it was just a family settlement and the original party is in possession since beginning. All witnesses and original owner are already expired.
Can this kind of unregisterred agreements be challenged? I have heard that family settlement does not required any registration. Is it comes under family settlement laws?
Regards,
R K Sharma
