Validity of agreement
Querist :
Anonymous
(Querist) 03 January 2024
This query is : Resolved
I have an agreement with my sister by year 2020. Which not registered.i couldn't comply said agreement due to lack of money.
Now sister going to file case to attach my property.can i quash this agreement? Is there any value to this agreement in court without registration.if so how can face her case
Content of agreement shown below
We, the 1st and 2nd parties are brothers and sisters
Terms and Conditions
1. The Second Party hereby acknowledges and agrees that the disputes relating to the properties sold by the First Party to the Second Party in respect of the properties sold by the Second Party have been fixed at a compensation figure of Rs.15,00,000/-.
2. The sum of Rs.15,00,000/- mentioned in the first section can be paid to the second party as security for O.S. XXX/2014 case No. XXX/2014 as per the order of the Hon'ble ..... Munseef Court, 40% of the property reserved for the second party is to be registered and given by the first party in the name of the second party and the above registration is only for the assurance that the above number is given to the second party by the first party to the second party if the above property is exhausted or exempted. It is hereby determined and agreed to be paid to the party.
3. It is hereby mutually determined and agreed that the above sum shall be paid by the first party to the second party in such installments as may be convenient to him and shall not under any circumstances be less than Rs.6,000/- per month.
4. The above matters shall be decided personally by both the parties by discussing with each other as mutual elders.
Both the parties have mutually determined and agreed that there has been no inducement, coercion, threat or anything else from anyone in the above mentioned matter and this agreement has been reached on the basis of a voluntary discussion and decision between the two parties.
5
5. The first share holder and the aforesaid O.S. XXX/2014 case No. XXX/2014, it is hereby categorically determined and agreed that the first party shall register and give in the name of the second party's son (A. Deeb Moin) within 7 days from today, the first party to register the exemption in respect of the assets which the first party has been ordered to get divided in part.
6. It is hereby expressly stipulated and mutually agreed that the Second Party shall not immediately take any legal action under this Agreement and shall grant a delay in payment to the First Party and that the Security Property shall be held and enjoyed by the Second Party until such time.
7. All disputes in the above matter are hereby settled and resigned and it is hereby mutually determined and agreed that there will be no further disputes between Anujan and Jyeshta and that they will carry on their family life amicably.
Both the parties having accepted and agreed to the above determinations have entered into and signed this agreement in the presence of the undersigned witnesses.
on the 24th day of February 2020.
kavksatyanarayana
(Expert) 03 January 2024
You stated that "as security for O.S. XXX/2014 case No. XXX/2014 as per the order of the Hon'ble ..... Munseef Court," is this case disposed of? The court may impound the unregistered agreement, but you must consult a local advocate and take his service for your case.
T. Kalaiselvan, Advocate
(Expert) 04 January 2024
The unregistered agreement is not enforceable in law, hence she cannot maintain any against you on the basis of this agreement.
Besides the agreement appears to be barred by limitation, hence it is infructuous now.
Querist :
Anonymous
(Querist) 04 January 2024
Munsif Court permitted to partition property by judgement.but plaintiffs didn't file EP for execution yet.so the property is still undivided.i couldn't pay monthly instalment yet.so can she go to court on basis of this agreement which executed by 2020.
Advocate Bhartesh goyal
(Expert) 04 January 2024
No legal action can be initiated on basis of agreement dated 24-02-2020 as barred by limitation.
