Guest
(Querist) 16 August 2015
This query is : Resolved
My father and his brother (late) signed a family settlement deed making my father owner of 2 floors and his brother owner of 1 floor in a property after paying them fair consideration in 1994.leasehold rights in land remain 50-50.his brothers heirs are not accepting deed now and threatening to challenge .how can we validate this deed of family settlement now.how strong is our case as my father and witnesses to deed are still alive
Advocate Bhartesh goyal
(Expert) 16 August 2015
Family settlement requires compulsorili registration.unregistered family settlement has no sanctity and validity in eye of law.
Guest
(Expert) 16 August 2015
Well Advised by Advocate Mr.Bhartesh Goyal Still if you have the Cash Receipts for Payments and If Necessary Taxes and Relevant Items Like Taxes and Electricity were Changed to your Father's Name basing on that you have some Hold.Consult A Local Good Senior Advocate with All that.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 16 August 2015
Family deed made within family even currently not paid stamp duty does not loss right of share incorporated therein. Ask your father to enforce his right to equal share. Court may direct to pay stamp duty n come back.Better consult Advocate for appropriate guidance
Rajendra K Goyal
(Expert) 17 August 2015
No reply if query repeated.
Guest
(Querist) 17 August 2015
Thanks a lot for all expert opinion.Mr Patil half share in land is not disputed but 2/3 share in built up property may be challenged.What suit can be filed in the court to validate this deed of settelement
Guest
(Expert) 17 August 2015
Who is Mr.Patil Please
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup