Partition Agreement, getting bank a/c details
Sarab
(Querist) 10 May 2017
This query is : Resolved
Hi Sir,
I am from Bangalore and my mother stays with me.
My mother had signed a partition agreement ( stamp paper but no witnesses signed) that her deceased mother's property in Kerala be partitioned around 5 years back. Now, my mother feels she has not got her due, and wants equal share in property 1/6 than what was agreed earlier which was more in favor of my mother's youngest brother.
In this case, please Advise if the agreement done 5 years back is still valid and what are our options available.
Thanks & Regards
Sunil
Sarab
(Querist) 10 May 2017
Please note that agreement is neither registered or signed by Notary.
R.K Nanda
(Expert) 10 May 2017
ur mother has to file partition suit in civil court to get her due share.
Kumar Doab
(Expert) 10 May 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 10 May 2017
In case of inheritance of Hindu woman’s property, the nature of property and its source matters.
The 1st right (equal share) on self acquired property of mother is of: husband,sons,daughters.
So your mother should have equal share, until or unless she relinquishes by a valid/registered deed.
You may obtain the latest mutation record with all link documents from ) O/o Authority under whose jurisdiction property falls.
This record should how and why your mother got less share.
Kumar Doab
(Expert) 10 May 2017
Generically speaking: Partition is for equal share.
You may show the said document to a senior and very able counsel of unshakable repute and integrity at your location, specializing in Revenue/Property/civil matters, and well versed with local laws/rules, for proper legal opinion.
Sarab
(Querist) 11 May 2017
HI Sir,
Many thanks for your advise.
We are all Hindus and this property my grand mother got as ancestral property. There is hardly anything that my grand mother procured on her own.
After my grandmother passed away, all 6 legal heirs sat together and discussed so one of the brother kept bugging that if he is not given more share he will not agree for partition.
Finally, rest of 5 agreed as they did not want to go behind legal case within the family. Thus, they put the same thing in agreement ( stamp paper of Rs 100 though not signed by witness, not registered or signed by notary) this agreement was done 5 years back. My mother feels that she signed then under pressure from her brother and now wants equal share of the property
We want to understand if this agreement will be valid in court even after 5 years of agreement being executed and claim for equal share by filing partition suit
Thanks,
Sunil
Rajendra K Goyal
(Expert) 12 May 2017
The document need to be referred, show and discuss with local lawyer.
Guest
(Expert) 12 May 2017
Agree with Experts
Kumar Doab
(Expert) 12 May 2017
Good to see expression of agreement with experts.
Guest
(Expert) 13 May 2017
Appreciation is always Welcome
Kumar Doab
(Expert) 13 May 2017
Good to see expression of appreciation for experts.
Guest
(Expert) 14 May 2017
Appreciation is always Welcome
Kumar Doab
(Expert) 14 May 2017
Apparently it was paternal property that devolved to mother of your mother (Maternal Grandmother).
Kumar Doab
(Expert) 14 May 2017
Already seen expression of appreciation for experts.
Guest
(Expert) 15 May 2017
Agree with Expert
Kumar Doab
(Expert) 15 May 2017
Already seen expression of agreement with expert.
Sarab
(Querist) 15 May 2017
This is closed thanks for the advise every1
Guest
(Expert) 15 May 2017
Welcome Please
