Mr.X has left behind four legal heirs; wife, one married daughter and two married sons after his death. There is no will made by him in his life time as such all the aforesaid members are the legal heir of his property(flat). After father's death, younger son relinquished his rights from the property against consideration in cash (due to family disputes) by establishing a document on stamp paper, which was duly signed by all the legal heirs. However this document was not registered in registrar office. Now time has come where rest of the legal heirs are expecting their share, where everyone has agreed upon a settlement, by establishing release deed. According to one of the legal advisor, the document has got no meaning as such it is very much necessary to get signature of younger son on the release deed. Since younger son is not willing to come forward and sign the release deed. Also he is claiming again the equal rights on property and demand for money, what is the way out?
QUERIES:
1)While establishing a release deed, whether elder sons signature is a must?(when such type of valid but unregistered document is available?)
2)While transferring the flat in the name of one of the legal heir, whether society will require his NOC?
3)Whether sale deed will help to resolve the matter to get 100% title?
4)Will it help to take the matter to court and can court consider the un-registered agrreement?
OR
What is a legal way out which may safe guard the interests of rest of the legal heirs and there may no legal consequences from younger son?
