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Dda case--mutual separation agreement

(Querist) 12 June 2013 This query is : Resolved 
Dear All, My parents did Mutual Separation Agreement last year on a plain paper in presence of two witnesses. My father is living separately since April last year as the house is in my mothers name. Meanwhile my father was alloted one flat by DDA. But there is a rule in DDA that if anyone in a family was alloted a house from DDA then noone from that family can get second house. My parents have also filed for divorce last month. My question is:--

Is the Mutual Separation Agreement done on a plain paper with two witnesses is a valid agreement under Indian Contract Act.
ajay sethi (Expert) 12 June 2013
the mutual separation agreement has been entered into inorder to avoid flat being forfeited by DDA . as long as they stay married second flat cannot be allotted to your father . separation agreement is not a divorce .
Raj Kumar Makkad (Expert) 13 June 2013
No more to add in the given reply.


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