Experts please note this is not a academic question

 

(Querist)
09 February 2019

it is well settled when the attorney expires his/she"s signed power of attorney becomes legally in valid,
Query, does this same principle/law apply to the MoU (unregistered) of family settlement in respect to the immovable property, when one of the beneficiary dies , does the MoU In question become Legally invalid-?


N.J.S.Rajkumar alias narasimha (Expert)
09 February 2019

Normally such agreements or contracts would be void on death of concerned person involved. Depending on circumstances legally it has to be made void.

munshilal (Querist)
09 February 2019

Dear narsasimha (expert) in continuation ,the MoU in question was signed between mother and her three adult siblings ,--which mentioned sharing of the property @ 25% each after the sale, but the mother has expired before the sale- now -who is lawfully is entitled to her share?
note one think is sure the is no will of hers except the MoU in question

N.J.S.Rajkumar alias narasimha (Expert)
09 February 2019

Legal Heirs of the deceased would be eligible for her share. Instead of 25^ now it would be 33.33%. First obtain the Legal Heir Certificate from concerned Tehsildar or Revenue Dept

munshilal (Querist)
09 February 2019

Dear expert Narasimha appreciate your wisdom,as mentioned by you , the share each would be 33.33% each --but one of the siblings is insisting that he should get the mothers share also ,how the tackle this situation /
/

kavksatyanarayana (Expert)
10 February 2019

Try to settle the issue in an amicable way. all the legal heirs discuss and decide your shares. If you all agree to divide un-equally or equally. otherwise file case.

munshilal (Querist)
10 February 2019

attention expert Kavksatya-
-please mention what type of case is to be filed ?
/

kavksatyanarayana (Expert)
10 February 2019

To divide the property in 3 equal shares is ok. It may divide in un-equal shares also. if your brother not agree, file partition suit.

M V Gupta (Expert)
10 February 2019

I agree that if there is no consensus among the siblings for equal sharing or otherwise, partition suit is the only remedy.

munshilal (Querist)
10 February 2019

Dear experts - Greartful for your opinion/advice pertaining to the present matter-(ref to M.v.gupta expert)
-Query--when is is said any document/ MoU/ pertaining to immovable which is not registered/ is Null & VOID -then where does the need of Parttion SUIT ARISE ?

M V Gupta (Expert)
11 February 2019

MOU only records an understanding reached between parties thereto regarding the subject matter mentioned in it. It need not be registered as it does not effect transfer of interest in the property. Under section 17 of Indian Registration Act only documents by which right in immovable property is created or extinguished or otherwise transferred from one person to another are required to be compulsorily registered.As MOU mentioned by you does not effect transfer of rights, but only records the manner in which the property is agreed to be shared is not required to be registered.
As regards your other query regarding need to file suit for partition, it becomes necessary to compel your sibling who is not agreeable for equal sharing of the property on the death of mother, to sign the partition deed of the property..



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