Oral agreement

srini (Querist) 11 December 2016 This query is : Resolved
Sir, I bought one ground vacant land as undivided with my brother ten years back through bank loan and released the document. I agreed to give corner part of half ground but he not agreed to give the land for all deeds.
I sub divided the approved land in to 2 half grounds. Still he is creating problems so a lawyer advised me to go for oral agreements. Can I give the half ground of my land [ not registered ] to my wife as settlement deed without my brother knowledge and registration office will agree this deed for registration. If it is agreed by registrar can I sell or get loan for house construction ?. Please solve my problem. Thanks.

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Guest (Expert) 11 December 2016
No Un Registered Document would be NOT Legally Valid and even the Registrar Office will Not Entertain Such Regidtrations

malipeddi jaggarao (Expert) 11 December 2016
.."and released the document" - means what?

Kumar Doab (Expert) 11 December 2016
It is felt that the land is registered in the names of you and your brother.

Thus both of you are owner of 50%.

It is not clear if the boundaries were mentioned in sale deed, for your's and your brother's share, when you bought.

Isn't it!

Rajendra K Goyal (Expert) 11 December 2016
You can sell / gift / release your half undivided share.

It is better to have amicable settlement.

If not possible may proceed for partition through court.

Kumar Doab (Expert) 11 December 2016
Respond to the point raised by Mr. Jaggarao.

Did you alone pay the loan taken to buy this land?

If yes: you can ask the brother to pay half of the loan amount to you.

Kumar Doab (Expert) 11 December 2016
You have posted that:

"I agreed to give corner part of half ground but he not agreed to give the land for all deeds. "

For Which deeds; he does not agree?

He being title owner to the tune of 50% can agree or decline.

Rajendra K Goyal (Expert) 11 December 2016
It is better to discuss in detail with your lawyer.

Sri Vijayan.A (Expert) 11 December 2016
Dear Srini,
The question does not give full details.
It creates confusing matters.

However, I try to answer that you can transfer your undivided share to your wife. After the registration of settlement deed, your wife and your brother shall be co-owners of the undivided/ unpartitioned land.

Get it partitioned and execute a partition deed by you and your brother.

No other documents shall help you.

A. Sri Vijayan

Ms.Usha Kapoor (Expert) 12 December 2016
From the above discussion what emerges is you and your brother are joint owners of property. Your brother WAS PAYING LOAN? then BROTHER ALSO SHOULD PAY LOAN FOR THE PROPERTY OR REFUND WHAT YOU HAVE ALREADY PAID. YOU CAN SALE RELEASE, GIFT ETC OF UNDIVIDED SHARE OF THE LAND.your BROTHER CAN FILE A SUIT FOR PARTITION OF THE LAND.Or transfer the share in your spouse name in the land. She and your brother jointly own 50% each of the land and they may even partition the land.Hence I agree with exerts.

Kumar Doab (Expert) 12 December 2016
Oral agreement need to be established.

Since issues between you have cropped up, it is better to partition.

Rajendra K Goyal (Expert) 12 December 2016
Any oral agreement is difficult to prove during any legal dispute. You may have a chance if have enough evidences.

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