After Death of one of father's brothers
StuDDuDe88
(Querist) 20 July 2011
This query is : Resolved
My dad had 3 elder brothers, due to kidney failure the second bro passed away last year, he had a wife and no children.
his wife went back to her mother's place as we all wer stayin seperately, but the business was together. Now the wife has asked for a settlement, we agreed on a setttlement and gave her 25 lakhs, the main quey here is does she hold a right on the previous joint property [house unsold] and business ? we do have a deed letter sayin she has transfered the property to the other 3 bros and she also signed on the final settleement paper of receiving 25 laks wit witness signatures. now does she hold any right on anythiin here after? more money/ property ?
prabhakar singh
(Expert) 20 July 2011
HAVE YOU GOT THIS DEED REGISTERED,IF NOT A DISPUTE MAY EMERGE 3YEARS AFTER YOUR PAYMENT BECOMES TIME BARRED.FURTHER WAS IT A CASH OR BANK PAYMENT AND WHAT IS THE VALUE OF STAMP USED FOR IT AND WHAT IS WRITTEN THEREIN ARE IMPORTANT FACTS TO BE CONSIDERED.
StuDDuDe88
(Querist) 20 July 2011
first of all thank you for the reply,
1. the first deed whic related to handover of property to other bros is registered. [Rs 100 stamp paper]
2. the transfer was made wit the help of DD's.
3. the final payment deed ie, while handing over the amount is just says "registered deed no:xxx"
[Rs 20 stamp] but not registered like the 1st deed.
the final deed has the signature of witnesses and also the wife's signature sayin she has received the money.
The content gives description of the money and dd nos. also mentions tat we have made this final settlement.
Are the above values appropriate ? or are they supposed to be on a higher stamp value?
also can she file a case sayin she has a right to get more?
prabhakar singh
(Expert) 21 July 2011
she can not file a case saying she has a right to get more.
R.Ramachandran
(Expert) 21 July 2011
Please indicate as to what are the things at stage.
One thing that is coming out clearly is that there is a joint house property. It is not clear who are the coparceners to the property.
There is also a business. It is not clear whether it is a partnership and if so who are the partners?
After the death of one of the brothers, if the property is not properly divided (or valued) or if the partnership accounts are not properly settled, even after the writing by the wife, she will be able to come back and stake her claim. She cannot be wished away by just giving some amount (say Rs. 25 lakhs in this case) which does not represent the true share of her deceased husband.
Raj Kumar Makkad
(Expert) 21 July 2011
AS she has settled finally so she has got no legal right to claim any share may it be Rs. 25 lakh or less. question is her agreement which was go registered. So she cannot resile from her already made settlement.
StuDDuDe88
(Querist) 21 July 2011
@Mr. Prab n Mr. Raj thanks for the inputs.
@Mr. Ramachandran uve got it right. the property is a joint property and the bro had a 1/4 and we are stil living in it.
The business of the bros was divided before itself but the place of business was the same. As she did not have any children she went back to her mom's place and we were here. Before she left she signed a deed sayin the power of attorney lies wit the 3 bros.
after that the situation is known as she asked for a settlement and we have given the amount along with deed signed sayin she has received so much.
i hope its very clear now..
Stil can she claim more on the property or ask for more settlement?
