Legal value of unnotarised agreement
Subroto
(Querist) 23 April 2013
This query is : Resolved
Sir, in 1990, My grandfather (now deceased) had an agreement with a person X (now deceased) on a Rs.3 Stamp Paper at the back of which is also hand written the name of the person who purchased the stamp paper from the vendor. The agreement on that stamp paper is not notarised but there are signatures of my granfather, person X and a witness and these three persons are deceased now.
I want to know the legal value and acceptance of such a document as an evidence in the court of law. Our lawyer says that such an untoraised agreement has no value now. Is it really so? Can't it be treated as a Contract between the two parties?
The main clauses in that agreement are as follows:
1) That my grandfather has given his one 120 sq. yard house to that person X only for his & his family's personal accomodation.
2) That my grandfather has been given Rs.10000 by that person X and the Rent of that house AND the interest on Rs.10000 given by that person X shall be equal.
3) That if the Person X ever constructs anything extra in or over the house then my grandfather would also be bound to give that extra money on construction + Rs.10000 if that person ever decides to leave that house.
4) That the person X can live in that house as long as he desires and my grandfather would not evict him.
The witness to this agreement has also passed away.
Now the main thing is that the property has run into dispute and the step-son (not legally adopted) of the person X is claiming this property to be his ancestral one in the court without anywhere mentioning the name of the person X where as the legal heir of person X has given us the affidavit of handing over the posession to us which is notarised.
ajay sethi
(Expert) 23 April 2013
document is in admissible in evidence . it is not properly stamed and regd . it appears your grand father had given premises on rent for eternity and had taken security deposit . in addition tenant had been permitted rights to carry out construction on said premises .
check the mutation entries in property card . property would still be in name of your grand father . case of stpe son appears to be doubtful . consult a local lawyer
Subroto
(Querist) 23 April 2013
The property is mutated in the name of my grandfather but the House tax asessment of this property is done in the name of Person X.
Raj Kumar Makkad
(Expert) 23 April 2013
When the actual legal heir of deceased X has handed over the property in your favour, the claim of the fictitious person has no value in the eyes of law.
The mutation is the clinching evidence of the ownership of your grand father.
ajay sethi
(Expert) 23 April 2013
as on date you are in posession of the house . property is mutated in name of your grand father .on detah of X his legal heirs have handed over posession to you
R.K Nanda
(Expert) 23 April 2013
no more to add.
Subroto
(Querist) 23 April 2013
The step-son has filed a suit for Permanent Injunction in which he claims that it is his ancestral property & he is in posession of that house also. The only proof he had for claiming PI was his electricity connection which he illegally shifted from somewhere else regarding which an FIR has also been lodged by the S.D.O (Elec.) against that step-son based on some solid evidences that I got through the RTI from their office.
A Local Commissioner was also appointed by that step-son, the report of which says that both the parties of the suit were present and when the LC asked the neighbours about whose stuff (like tv, bed etc.) lies there in the house, the neighbours replied that they don't know anything. So, it seems that its a neutral report as far as actual posession is concerned.
Moreover, one important to be noted here is that the LC also took statements in front of us of 9 or 10 persons (neighbours) over there. All of them said that the step-son doesn't live in the disputed property & the step-son was also trying to break the lock on the main gate of the disputed house to enter into.
But the report that the LC submitted in the court has not even a single statement of any person. When I personally met and asked the LC why he did so, he said that it is his discretionary power to remove such statements and a LC is supposed to act like a judge whenever he is appointed.
Subroto
(Querist) 23 April 2013
^ Sir, may I ask what does 'IT' mean? Is it 'the elec. connection', 'the LC report' or 'the FIR lodged against him'?
Raj Kumar Makkad
(Expert) 23 April 2013
LC cannot report about the actual possession of the party at the site rather he can only provide his report about the status of the site. The report of the LC cannot be read over for determining the possession of the either of the parties.
Subroto
(Querist) 23 April 2013
Makkad Sir, the disputed property was purchased by my grandfather in 1958 vide a registered sale deed but the property was mutated 2 months (i.e 53 years later) after the suit was filed. The suit was filed in october, 2011.
If the LC can remove the statements then why does he took them in the first place ?
Raj Kumar Makkad
(Expert) 23 April 2013
Nothing can be commented about the working of LC but the basic question is whether the LC has complied with the direction of the court or not. No court can send LC to determine the possession over the disputed site otherwise there is no requirement of the courts.
Subroto
(Querist) 23 April 2013
According to official order of the court, the LC was appointed to determine which electricity connection is installed over the house in question and for determinig the ACTUAL POSITION OF THE SUIT LAND. It also says that the LC can also take help of the Electricity Department to get the details of the Elec. Conn. that exists.
The Elec. Dept. in its report (which is attached with the LC report) said that the XXXX connection exists over the house. Nowhere it says that whether the elec. conn. that exists is legally or illegally there.
When we read the copy of this report that was sumbitted in the court, I filed a written complaint to the S.D.O (Elec.) to enquire into the legality of this Elec. connection. After the enquiry it was found that this elec. conn. was given at somewhere else and was illegally shifted and an FIR (Sec.138 of EA) was also lodged thereafter.
Raj Kumar Makkad
(Expert) 23 April 2013
If electricity department has initiated legal action against that person after its due enquiry then the same shall benefit you even if LC has submitted its report qua the name of the electricity consumer as per electricity department. The fraud played by your opponent cannot be ignored by any court and this shall definitely benefit you in your entire case.
Creation of false evidence and submitting false evidence before the court do invite criminal action under section 340 of Criminal Procedure code which should be duly initiated by you.
Subroto
(Querist) 23 April 2013
Thanks Mr. Makkad, your advice is really helpful. Your advice reagarding 340 of Criminal Procedure code has opened new possibilities for us.
