arka pradhan (Proprietor) 28 July 2015

Is a court agreement enough ??

Hello,

My MATERNAL grandmother had a property in lucknow. she died with out a will. she is survived by 6 son and 3 dauthter of which 2 daughters have passed away. I'm the son of one of the passed away daughter ( i.e my mother who passed away in 2001).

i came to know that my maternal uncles have removed all the daughter's name and produced proof that my grandmother was survived by only 6 sons. and they are moving ahead with mutation procedure so that they can sell off the property.

I have filed an objection with the Mutation Authorities and they had stopped all proceedings with regards to mutation. NOW MY UNCLES WANTS TO COME TO A WRITTEN AGREEMENT WITH ME FROM THE COURT. SAYING THAT I WILL GET MY SHARE AFTER THE SELLING OF THE PROPERTY.

IS THE WRITTEN AGREEMENT ENOUGH...... ???? PLZ ADVISE

THANKS

Arka

arkapradhan@gmail.com

09868021118

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2 Replies

Kumar Doab (FIN) 28 July 2015

Instead prefer a registered family settlement/partition deed showing your properly demarcated share (equal to your share at least) and register it and obtain the true copy.

After the sale if your share is proceeds is not given you shall be again in litigation.

Moeny as they say....................vanishes away very fast.

However it shall be your own decision and you may decide as deemed fit to you.

It shall be appropriate to consult an able lawyer in person dealing in family/revenue/civil/property matters and understand the remedies and options.

rajagopal.s (Lawyer.) 29 July 2015

You should enter in to any compromise with your uncle only through a written instrument and the instrument should be duly registered at sub - registrar office.

The instrument if it is a partition deed should clearly outline demarcated area (by metes and bounds) and the same should be reflected physically at the site and also at instrument