Legal validity of panchnama
Dharmendra
(Querist) 18 May 2013
This query is : Resolved
Dear Sir,
I have six brother(included me) and i have got a property by registered will in the name of my wife from my Cousin Uncle(Mama JI).
Start-Now my mother want to make a panchnama in which she want to cleared that she has six son (with name) and whole life i will be owner and after my death my husband will be owner and after me and my husband death my coplete all types of property( Chal or Achal) will be diveded in six parts which belongs to Each son equally.-End
So that No one brother can clam to that property which my consion uncle given in gigt to my wife name.
Is this type of panchnama (on stam paper) valid for legal ?
As said that Five other person and husband have to sign on panchnama (on stam paper)which belongs to same village or area.
If my Uncle wants to make sign on panchnama (on stam paper) then it will be valid
My mother name's has all property
My all educational certificate natural father and natural mother name are mention.
Pl suggest...
Patna-Bihar
R.K Nanda
(Expert) 18 May 2013
it is not panchnama but is called family
settlement deed which must be registered.
Raj Kumar Makkad
(Expert) 19 May 2013
Your mother is free to make will of her properties as per her own sweet desire but the property which belong to your maternal uncle, can be got willed in your favour and no panchnama can be got prepared by mother qua that property.
prabhakar singh
(Expert) 19 May 2013
What transpires that your wife got properties by a registered will from your MAMAJI.
Now Your wife is absolute owner and free to deal it in any manner she desires.
Call it PUNCHNAMA or by any name,the document proposed to be executed by her would in law be deemed to be a WILL in legal sense where her and two people as of legal necessity need to sign it,but if more persons sign it,no legal problem gets created due to that. It's registration would be optional but desirable.No stasmp duty would be payable on it.But only registration fee shall be payable if option of registration is execercized .
Guest
(Expert) 19 May 2013
Your question is quite contadictory and need clarification. On one hand you have stated, "I HAVE GOT a property by registered WILL IN THE NAME OF MY WIFE from my Cousin Uncle(Mama JI). On the other hand you have stated, "property which my consion uncle given in GIFT TO MY WIFE name. Still further, you have stated, "my mother name's has all property."
First of all, how that can be that your maternal uncle has made a will while the property is in your mopther's name?
Secondly, there is a lot of difference between will and gift. You just check whether a will has been made or gift deed has been made by your uncle?
Third, if the will is in favour of your wife, neither you have got the property, nor your wife, if your uncle is still alive.
Fourth, your wife will get the property only after the death of your maternal uncle, NOT YOU.
Fifth, your mother and your brothers have no claim in that property may that be by will or by gift to your wife.
Sixth, any Panchnama or family settlement deed, whatever you want to call that would not be valid unless your wife agrees to do such a settlement, if the property has been received as a gift (NOT will). If there is a will in favour of your wife the will would become effective only after the death of your uncle, so even your wife would not be able to make any family settlement deed before the will becomes effective after the death of your uncle.
However, if your maternal uncle wants to change that will (NOT gift deed) as per your proposal, he can do so any time during his life time.
R.K Nanda
(Expert) 19 May 2013
no more to add.
ashutosh mishra
(Expert) 19 May 2013
Dhingra Sir is right.The query is quite confusing with regards to facts stated.
Ajeet
(Expert) 20 May 2013
dear it transpires that
1. property belongs to your Mamaji.
2.mamaji has executed a registered will in favour of your wife.
3.your mamaji still alive.
4.after that said settellement/arrangement is made by your mother which might be accepted by all.
if so,then
1.your mamaji is still owner of his property will may be enforced after his death and then your wife will become absolute owner of this property.
2.your mamaji may change this will and it happens your wife will not get any right in his property.
3.What your mother is written,and you named panchnama it appears her will/familly settelement it will work only property belongs to her rather than your mamaji's property.
Raj Kumar Makkad
(Expert) 20 May 2013
Unless the querist clarifies the questions raised by Dhingra ji, there shall be no use to provide replies on assumptions and presumptions.
Dharmendra
(Querist) 21 May 2013
Dear All Sir,
I want to again clear my Stament That.
I have Six Bother ( Included me). My maternal uncle and aunty has no issue and My maternal aunty named had propert which she gifted to my wife's names by registered will, in which maternal uncle with two witness signed. My Maternal aunty has dead and my Maternal Uncle is alive on same gifted property.
As per registered gifted will,Now gited property belongs to my wife and Receipt of property began to in favour of my wifes name. I have No any question in this matter.
Now My Father and mother have fear that after our death may be my rest five brother demand to share from gifted property which belogs to my wife name ( mention Above).
As all the property belongs to my mothers name. That's why she wants to make Panchnama on bond paper in which written like - whole life i will be owner after my death my husband will be owner. after both death my six bothers ( With Name) will be equally share of my property.
On the bond paper My father will be sign five person will be sign and concern Sarpanch and Mukhiya will be sigh with stamp.
Then this will be valid or not for legal.
Guest
(Expert) 21 May 2013
You have still confused the issue by your contradictory clarification. On one hand, you have stated, "now gited property belongs to my wife." while on the other you have sted, "all the property belongs to my mothers name,"
By such type of statements, neither the experts would be able to know what is what, nor you would be able to get appropriate advice on the issue.
So, better if you consult some local lawyer by showing her the related papers.
