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uday gandoak (CIO)     22 April 2010

family settlement and will where sisters are not party.

my father has 5 siblings, 2 brother and 3 sisters. all the properties of the family are self acquired in nature by my late grandfather, father and uncles. in 1995 a family settlement according to the wishes of the brothers and my grandfather was made and signed by them. my aunts were not a part of this family settlements as they are all married and not part of the companies under which the money to acquire the properties was made.

now after 15 years of living to according the family settlement after my grandfathers death, one of my uncles is trying to go back on the family settlement. my grandfather also left a will for his property, this too is being challenged on false grounds by my aunts. what course of action can i take to mutate the properties that came into my fathers share by family settlement in to his name? can i claim for damages from my aunts who are openly lying in court about facts and causing me financial difficulties?

the family settlement was deduced after much deliberation of more than 2 years creating 4 equal parts between my father, grandfather and 2 uncles. it has not been registered, but has been signed my my father, uncles, their wives and my grandfather and all the parties have been living and enjoying properties in accordance with it. do my aunts have any right in my grandfathers and fathers self acquired property in spite of a will being present?



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 2 Replies

Aloysius (Advocate)     18 May 2010

Sir,

In answering your query, can you tell me if the family members were enjoying those properties independently before the agreement was signed according to their share? Does the agreement say MOU or family settlement? Did the properties get transfered to the various family members after the agreement was signed? What properties is your g.father transferring in his will?


In general, registration is compulsory if the terms of the settlement are in writing (unless you call it an MOU or it is in fact a memorandum containing an understanding of the parties). An unregistered family settlement is not admissible as evidence. 


You can always file for perjury against your aunts who are lying if you can prove their lies. The court can also ask them to pay for your litigation expenses if it is proved that they were making material false statments. However, remember that your aunts have a right to contest the will and demand their share. Merely contesting the validity of documents is not illegal.  If the will is proved to be a valid one (by attesting witness testimony and proving sound mental health of your g.father) then your g.father's properties will be divided according to it. Your aunts will not have any rights if he gave everything to your father.

 

Kind regards,

 

Aloysius.

uday gandoak (CIO)     18 May 2010

in answer to ur query...

1. yes the brothers were enjoying proerties independantly of each other. even reveues from the properties generated have been enjoyed independantly.

2. the tittles were not changed as the family settlement or MOU was enforced to give equal share to all the brothers while saving them from the revenue liabilities

3. in the will my G.Father has co related all the properties that were mentioned in the Family settlement/MOU to thier respective owners in which he was part owner. All the moveable and immovalbe assests that came to his share in the family settlement was willed by him to different children in different propotions.

all the papers co relate with his intentions of the property division, right from MOU in 1995 to Will.

thank you for your time and effort.


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