Family settlement
Querist :
Anonymous
(Querist) 27 April 2021
This query is : Resolved
Respected experts,
My father had created a will in favor of my elder brother in the year 2010, stating that all my property belongs to my elder brother, the Will is not registered, now my elder brother has mutually created an agreement that we will distribute the property among us equally in the year 2018.
the mutual agreement was created on A4 size paper with 4 withness signed so according to the law will we both get an equal share in the property or the mutual agreement has zero value in the eyes of law?
Dr J C Vashista
(Expert) 28 April 2021
Mr./ Ms Anonymous,
Your question is qua unregistered will or mutual agreement, be clear and repost your query.
It is advisable to consult and engage a local prudent lawyer for proper appreciation of facts, professional guidance and necessary proceeding, if required.
Sankaranarayanan
(Expert) 28 April 2021
You seek the remedy from the local lawyer as pointed by Dr Vashista ji
J K Agrawal
(Expert) 28 April 2021
if we do not understand question or having no proper answer it is not advisable to answer it or to move towards a prudent local lawyer.
Here a family settlement on A4 size paper without stamp and registration is not a "Zero" paper and you can get enforced this division.
Querist :
Anonymous
(Querist) 28 April 2021
Respected experts, my question was is that family settlement valid which is written in A4 size paper and attested with 4 witnesses?
Sankaranarayanan
(Expert) 28 April 2021
Decide to execute a partition deed between you and your brother and get registered in the registration authority . A4 unregistered partition is not valid before law.
Pradipta Nath
(Expert) 28 April 2021
The family settlement deed should be registered as the deed is creating and extinguishing as well rights. Please do refer the Supreme Court judgement Kale & Ors vs. Deputy Director of Consolidation
P. Venu
(Expert) 28 April 2021
Is your father still alive?
kavksatyanarayana
(Expert) 28 April 2021
You have not stated whether your father is alive or not. Whether the property is ancestral or self acquired by your father. And how many legal heirs are there?
ashok kumar singh
(Expert) 28 April 2021
agreed with views of earlier experts,
therefore no further comments, so far.
thanks
Querist :
Anonymous
(Querist) 29 April 2021
yes, the father is alive and the property is an ancestor property.
kavksatyanarayana
(Expert) 29 April 2021
As your father is alive the will does not come into operation. So if your brother do anything it is not valid
P. Venu
(Expert) 29 April 2021
How is that the property is ancestral?
T. Kalaiselvan, Advocate
(Expert) 21 May 2021
Even if the Will comes into force, this mutual agreement between you and your brother cannot be enforced in law because it has no legal validity.
If at all your brother stands by his commitment, he can transfer half share in the property to you by executing a registered gift deed after acquiring the entire property.
K Rajasekharan
(Expert) 21 May 2021
As your father is alive the Will has not come to force. The Will will come into force only after his death.
Therefore the family settlement which your elder brother executed thinking that the property belongs to him is also not valid.
If your father and both of you are the remaining persons in your family, you all can make a registered family settlement deed so as to divide the property among both of you, if your father does not want a part of it.
Kuummaar AS
(Expert) 30 May 2021
Strange it is that while raising your query, you did not mention that your father is alive. If that is so, from where your brother got the right to take any decision with regard to the property belonging to your father.
P. Venu
(Expert) 30 May 2021
Yes, the so called family settlement is of no consequence. The author is yet to clarify how the property is ancestral.
Kuummaar AS
(Expert) 30 May 2021
You can claim your share in the ancestral property during the lifetime of your father, However, it is of prime importance for you to prove your succession and right to share in the property.
Sri Vijayan.A
(Expert) 13 June 2021
Your father is alive.
So, the Will has no effect.
Execute a partition deed and get it registered.
