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Amit D   07 September 2024

Does a void contract have to be declared to be void by approaching a court?

Hello all,

My bother and me entered into an agreement on 7.10.2016 to decide sharing of ancestral property  of three flats. I was to get two flats and he got (one flat and parental other assets like cash, stocks, jewelry). We signed an agreement and we notarized it.  Then he took control of all cash, jewelry, stocks, bank accounts. It was a fair partitioning.

Now my sister in law went to a lawyer and she says that  agreement was not registered so we need to sign a new one. I said OK but now she is saying that we need to sell one flat that I got and split that money. She says it is more value than what they got as alternative.

I checked with one advocate and he said that notary agreement is not good if it is not registered as it is for real estate property. He said it is "void" and was always "void" as it was not registered. But my brother got something of value from it. Can he say it is void now after he got flat PLUS other monies which he says he has liquidated and spent.

PLEASE HELP.

 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     07 September 2024

The agreement is not voi neither it was breached by either party.

In fact the agreement was acted upon by the parties to the agreement hence no one can claim that it is a void agreement or it was breached.

Of course the agreement conditions cannot be enforced in court of law because it was not executed by a registered deed, but it can be used as a substantial documentary evidence to prove the intention and establish the facts.

You don't have to budge to any pressure, you can simply reject their claim and challenge it if they decide to approach court.

In fact your sister in law is a third party to this agreement or the properties that were divided on the basis of this mutual consent agreement. Hence you don't have to even entertain her.

1 Like

Amit D   07 September 2024

Thank you sir.  you r right. it is my sister in law who is problem creator but she controls my brother.  My local advocate says my brother should have asked to void it in three years but now she cannot. is it true? Can he go to Court now and get order that it is void  - I do not know legal term for that? 

Dr. J C Vashista (Advocate )     08 September 2024

She has no locus standi to question validity of the agreement between brothers over partition of ancestral properties which may be reduced in writing or even oral partition is valid, legal and enforcable. 

Besides this, the agreement is dating back to 2016 which has attained finalty, complete and binding on the parties to the agreement.

I fully agree and appreciate the opinion and advise of learned senior expert Mr. T Kalaiselvan.


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