Violating the condition of mutual agreement made
Kantilal
(Querist) 18 May 2017
This query is : Resolved
A bunglow at Rajasthan Udaipur stands in the name of one brother and there are three brothers in the family. 22 years ago a mutual agreement was made between those 3 brothers regarding the partition of the family and in that all of them agreed to share all expenses and income of the bunglow equally and in future if they sell the bunglow all the proceeds will be divided equally but now one of the brothers is violating that condition which was written on the Rs. 50 stamp paper theyre not sharing any rental income earned since the last 30 years and also they're trying to sell out the property without the 3rd brothers consent. What is the remedy for the third brother in this situation.
Adv. Yogen Kakade
(Expert) 19 May 2017
Firstly.. if the property is in the name of three brothers.. two brothers cannot sell the property without the consent of third brother.
The settlement agreement which is not registered is not legal.. in case of the revenue generated out of the undivided property shall be settled amicably.. take a help of a good lawyer to help you if you are willing to proceed legally.
Rajendra K Goyal
(Expert) 19 May 2017
The property is in the name of one brother.
Settlement agreement not registered, not valid in the eyes of law.
No Mutation, transfer of property was entered in the name of three brothers.
Owner in whose name the property is, can sell, mortgage, gift, assign, bequeath his property.
Dr J C Vashista
(Expert) 20 May 2017
Although the agreement was not registered, which should have been registered, no one denied the contents/covenants, hence it can used for collateral purposes in evidence, it is admissible. The most court may impound and send it to the Registrar of Stamps for charging stamp duty as applicable.
Either of the 3 brothers can seek aand obtain perpetual and mandatory injunctions, rendition of accounts and mesne profits against the brother selling the bungalow without consent of other brothers.
You will have to seek professional services, consult and engage a local prudent lawyer.
