Reg Family Property dispute
naveen jain
(Querist) 02 October 2010
This query is : Resolved
Sir, My father has two brother and after the death of my grand father, the grand father house which has no registery till date. my father and uncle have written on white paper (not the stamp Paper) that we are agree to writeup this house in favour of the third brother.
Now on the basis of this document, my uncle Mr 'A' whose favour this was written, take a loan from Mr. X and mortgage that house to Mr X for one year.
Now after passing two years as the loan was not repaid Mr X made a decree from the court mentioning that" Mr X is the owner of the house in dispute and Mr A can not sell or mortgage this house illegally."
The situation is that " Another two brother i.e My father and uncle is living in that house for last 5 years."
Now Pls tell Sir, Can Mr X has the right to sell that house or demand that loan from us
And Can third uncle Mr A mortgage this house only on the basis of that writeup.
Pls guide what are the remedies with us in this regards.
Amita Chaudhary
(Expert) 02 October 2010
yes... the written document is the family settlement which can be even on plain paper since the title of the property was not by way of any other legal instrument such as saledeed or some other documents...your father and uncle in a way relinguished their interest in the property by way of that written document and since the mortgage of the property was within their knowledge and there was no objection from their side now after the decree has been passed nothing can be done..
s.subramanian
(Expert) 02 October 2010
What are the recitals contained in the document executed by your father and the other uncle are very important. If they have released their rights,then the document is invalid without registration. A gets no right to mortgage it in favour of X Hence you can challenge the same by filing a suit.
Devajyoti Barman
(Expert) 02 October 2010
Yes, I agree with Mr Subramanian. Mere order of the court is not sufficient to create interest in X if A had no right to mortgage at the first place. Challenge the order immediately.
Chanchal Nag Chowdhury
(Expert) 03 October 2010
While I do agree with the opinions given above, it all depends on the nature of the writeup. While it is true that the doc. may be invalid without registration but the same may be used as evidence for a collateral purpose e.g.for proving or inducing to part with the loan & thereby bringing liability on the others.
naveen jain
(Querist) 03 October 2010
Sir, thank you very much for guiding me.
Actualy what they have written on that paper is that " we the two brothers are giving this house to Mr A as this house is belongs to our three brother after death of our parents"
But sir after my grand father, will that house automatically tranferred to the three brothers or through court"
Pls guide
And also Will Mr A has the right to mortgage this house.
