Validity of plain paper in the eyes of law
Abhishek Gupta
(Querist) 27 December 2012
This query is : Resolved
Sir,
My father is the owner of 1st floor which is a 3bhk kothi..Before shifting to this kothi, my father had a written agreement in a plain paper with her mother that 1 room of 1st floor shall be on rent and the rent shall go to her mother till she is alive.
Also it contained a clause that if my father disposes the 1st floor in any circumstances (i.e even before her death) then also her mother shall be entitled to the benefits of the said room.
NOW due to family problems, my father want to dispose the 1st floor.
Now, I want to know the validity of that plain paper duly signed by my father and her mother in the eyes of law??
What are the options available to my father..
please advice!!!
Devajyoti Barman
(Expert) 28 December 2012
The agreement on plain paper seems to be a family settlement deed which is of no force if the same is not registered.
Your father is free now to deal with the property in any manner he likes.
K.K.Ganguly
(Expert) 30 December 2012
Any agreement related to property is required to be Registered by paying necessary stamp duty to make it legally enforceable.
Raj Kumar Makkad
(Expert) 01 January 2013
Family settlement do not require registration especially when your father had duly admitted the clause mentioned therein so he legally cannot sale the entire property and he shall have to leave one room to future sale.
prabhakar singh
(Expert) 01 January 2013
In case your father is exclusive owner of the flat,the agreement so made on plain paper with mother is of no value and your father can ignore that agreement.
In case your father is co-owner with mother,even if there is no agreement,he can not sale with out agreement.In case the agreement is a deed of partition,without registration it is of no value but in case the agreement is a memorandum of an oral partition between the two already acted upon then the agreement is valid.So it all depend on facts and the manner agreement speaks about.
Contact a local lawyer with facts and papers.
