Son took share of property sale value from mother by threat
swasti
(Querist) 11 June 2012
This query is : Resolved
There was a plot owned by two brothers and a sister who are senior citizens. The plot had been inherited from mother and divided into three portions by registered single partition deed with full rights for each party on each portion so as each party can sell his/her portion without the consent of others.
Later, they sold it together to a single party sharing the money equally. For that purpose they had made an agreement on plain paper mentioning the actual sale amount ie. NOT the amount shown in registration deed, and their willingness to share it equally.
At the time of sale, son of the sister interfered and took half portion of her share by threat. But due to pressure from others he just added a line in the same agreement that he took half portion of her share.
Later, they came to know that he had no right in the property as his mother inherited it from her mother.
But when talked to him, he again threats that if she files any complaint he will show the copy of the agreement on plain paper which shows the ACTUAL sale amount and was signed by all parties including him. So, it will put them in trouble of undervaluing the property in registration deed.
So, is there any legal means to get back her money? Whats the punishment for undervaluing the property if proved? Can he use the agreement to put them in big trouble?
ajay sethi
(Expert) 11 June 2012
sister should file police complaint against her son . she should not be cowed down by threats . it is her money son does not have any share in it . the agreement on plain paper has no value . it is not stamped and regsitered . t mere indicates desire to distribute share equally . the rate mentioned was an indicative rate . let him take such proceedings as he likes
Shashikant V. Patil
(Expert) 11 June 2012
First of all , the property inherited to the woman is from her mother. So this said woman, can sell it without any obstacle i.e. her son can not interfere with her property transaction. He do not have any right to do so. Secondly, the document is already registered with Sub-registrar with proper purchase consideration along with Market value and stamp duty. No body can challenge it.And in regard to, your agreement to distribution of money is on a plane paper not having weightage. Hence there is no need to worry about his threats. If he does any mischeif, give the complaint in Police Station.
