PROPERTY AGGREMENT
Querist :
Anonymous
(Querist) 07 January 2011
This query is : Resolved
Dear Sir, Please help me in this Issue My Grand Father died in 1990,He has 4 sons my father is one of though, after my grand father expired these 4 sons shared his father's property equally 3elders were taken a house and they given a plot to my father. and these 4 persons wrote an aggrement in the year 1990 in 100 rupees stamp paper only that to not registerd yet, in that aggrement they clearly mentioned the each person's shares they put their signatures in that.Now my father's share is valuable than these 3 persons. My father's two elder brothers were died . My father's first brother's sons are going to sale their propery ,and aggrement is also over now they are waiting for the registration. they didnt ask anything to my father .How can we secure my father's share please help me. I asked to a Register office document writer he told 1)first take a life of that 100 rupees stamp paper aggrement in R.D.O office and 2)first register on my father's name and next sale to my mother like that thay given a suggestion. please tell me sir this is the right way to go. please give me ur valuable suggestion. Thank you sir, Sandeep sandeep4sapbi@gmail.com.
Devajyoti Barman
(Expert) 07 January 2011
You did not mention the location of the property as the laws governin such issues differ from state to state.
In West Bengal such document is sufficient to establish the ownership of your father. Only he needed to mutate his name in the Register of the Municpality to cement his title further.
Kirti Kar Tripathi
(Expert) 08 January 2011
The property belongs to your grand father. It was partitioned under the law as soon as the sons decided the partitioned the property and the agreement was signed. This partitioned is by mutual consent as such it binding to all the parties and all the sons became absolute owner of their respective share. Though the agreement is not registered, it makes not difference as for partition only intention to partition is sufficient. It merely an irregularity not illegality. So my advice is to suggest you father to file an injunction suit against your uncle's son restraining him from selling the property i.e. the plot on the basis of said agreement. In case, it is found that the agreement is invalid, in that event too the entire property of your grand father will be treated as unpartitioned in which every legal heirs of your grand father shall be deemed to have his share. i.e. the legal heirs of your uncles and your father in the present case and none of the legal heir has a right to sale any property of your grand father without the consent of other legal heirs. However, my further advice is suggest your father to get declaration from the court that he is owner of the said plot on the basis of agreement.
Uma parameswaran
(Expert) 08 January 2011
Filing a declaration suit is enough . If filing case against the sale of the share it will become more complication.
