- We want to arrange a "40 feet wide private road" measure 30 cents through our farmland, so that our uncle who has farmland that is located behind our farmland can have road access to main road through our private road. He agreed to pay 15 cents as compensation for this arrangement.
- We are proposing him a "private road easement agreement"(by way of registration at SRO) to use the private road for which our uncle to compensate us with 15 cents of land from his farmland through “settlement deed” (with a clause if we break the easement agreement, we would have to return his 15 cents).
- He says he doesn't want ownership rights part/ full on OUR private road, but he is asking entire details of the arrangement to be in the form of "Exchange deed" as he is exchanging 15 cents as compensation.
- we informed him, as by its legality an “Exchanged deed” is used only when transfer of 2 properties/ assets happen mutually in our case as we are not transferring private road to him it can't be exchange deed. But he is fooling around us saying he doesn't want owenrship rights on our private road for which we told, then “Exchange deed” is NOT a right instrument at all. But still he is adamant on “Exchange deed”.
Question:
How to make him understand, he says he has checked with his lawyer and his lawyer said its ok and safe to go with exchange deed only and in the "exchange deed" draft he mentioned everything as “exchanged” 15 cents to us for which he declared we are the owners and mentions in 30 cents as private road and he gets rights for ½ share of the private road. This is pure fooling around as his words say something and the draft speaks otherwise. He insists, saying............. see there is no words on him being "owner" of ½ share where as 15 cents ownership he is giving us.
Kindly clarify if the Exchange deed is a right instrument at all in the above scenario where our uncle did not ask for ownership rights, and we never offered him any ownership rights!
In this very context of Uncle expecting us to do "exchange deed", for this very 15 cents he is offering is actually under his (late)father's "will" and it is undivided family share, where in the will details the following...-
- Future Owners = children of uncle and children of his siblings only after the enjoyment holders life interest ends.
- Current owner = none (uncles n his siblings are enjoyment life interest right holders) with an explicit condition that "without any sale or donation or transfer rights".
QUESTION:
In such a conditional will, (uncle's family of both "future owners" and "life interest right holders") are they really in a position legally to execute even such an "exchange deed"?
Thanking you in advance, You may kindly clarify on whatsapp or call or email whichever suits you sir!
