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ravi yudha (ceo, non-profit org)     16 August 2020

Property agreement with father

Hi Friends,

My father in  wrote an agreement on stamped paper two and a half years ago to divide his property among sons and daughters. He decided to give money to daughters and property to sons. Property was bought using earned income by him. 

He said that the property should be equally divided between two signs. He has signed this stamped (not registered) document and sent a copy to his sons. Each son was supposed to pay him lump sump amount of 5 lakhs for the transfer of property. This money is for his personal use.   He wrote that the decision is final and no one should change mind. 

Its more than two years and still the division has not taken place. I am ready to give my share of the money promised, but he is just dragging citing some reason.

Recently he emailed a similar agreement on white paper asking for money in return for transfer of property. When I am ready to give the  money, he is again dragging the issue and not ready for registration.

 

What rights do I have because of the promise he made in the agreements?  How can he change his decision after giving it in writing on stamped paper?

Please tell me what my rights are regarding this.

Pls. note that years ago solely my Income was used for maintaining this property (many lakhs)  for which no compensation was made to me til date.

Thank you.

 

 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 August 2020

As the property is your father's own property, he can do as he wishes.  The unregistered agreements signed by him are not valid

G.L.N. Prasad (Retired employee.)     17 August 2020

"Property was bought using earned income by him. ":  The property is self acquired by your father, and contact relatives/elders to impress on him the need for such agreements/commitments due to his age and to avoid legal complications in your future.   There is no need for outsiders involvement.  The first decision was taken by them and communicated to you and there must be some background for change of his decision also.   It is his wish and he can do as he pleases as it is his self-acquired property.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 August 2020

You my inform your father that you are ready to pay the sum asked only provided he regusters the property in your favour as a regular sale.

 

As long as the document remains unregistered and ackniwledgement of money paid to him, the document is of no use.

ravi yudha (ceo, non-profit org)     17 August 2020

Why can't a estoppel be used, because this is a family agreement. The same document mentions one of our grandfather's property as well which was given to my father by will. This property also my father had stated that it will be divided equally between the sons (and not daughters). 

 

After agreeing to the family settlement why can't ESTOPPEL be used to prevent someone from changing his decision at will?

All members of the family agreed to this orally, and signed by both sons and the father.

P. Venu (Advocate)     18 August 2020

Originally posted by : ravi
Hi Friends,

My father in  wrote an agreement on stamped paper two and a half years ago to divide his property among sons and daughters. He decided to give money to daughters and property to sons. Property was bought using earned income by him

He said that the property should be equally divided between two signs. He has signed this stamped (not registered) document and sent a copy to his sons. Each son was supposed to pay him lump sump amount of 5 lakhs for the transfer of property. This money is for his personal use.   He wrote that the decision is final and no one should change mind. 

Its more than two years and still the division has not taken place. I am ready to give my share of the money promised, but he is just dragging citing some reason.

Recently he emailed a similar agreement on white paper asking for money in return for transfer of property. When I am ready to give the  money, he is again dragging the issue and not ready for registration.

 

What rights do I have because of the promise he made in the agreements?  How can he change his decision after giving it in writing on stamped paper?

Please tell me what my rights are regarding this.

Pls. note that years ago solely my Income was used for maintaining this property (many lakhs)  for which no compensation was made to me til date.

Thank you.

 

 

Please go through the underlined and highlighted portions in your posting. Are not the facts inconsistent? 

The posting suggests deeper issues. Please post the real issues and facts material and relevant thereto.

ravi yudha (ceo, non-profit org)     18 August 2020

True they look inconsistent, please read further.

Father and Grandfather were farmers. This property was in grandfather's name then given to father by will. Because it was given by will some people said it is the considered as earned property by my father (in reality it was not earned by my father). That's the reason I said earned income in my statement.

 

Agricultural income from this property was very less and not enough to run the family. So when I started job early my earnings were used to run the family to avoid selling the property (which was in my father's name after grandfather's death). Entire family was using my income for all expenses including clearing of my father's debts in order to preserve the family property for almost 15 years. We have somewhat detailed accounts for the family for this.

I was always thinking about family and never bothered about this. Now the situation is that my father has forgotten my contribution and acting according to his mind regarding this property. Though he has given in writing that he will give half share of the property to me, his real intentions are not known as I am now not in talking terms with him.

Years of my hardwork for the family has been forgotten. Morally i have full rights to the property, but legally don't know and seeking help here.  With the handwritten agreement by my father, do I have any hold on the property?

 

Thanks

 

 

 

 

 

 


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