property

Querist : Anonymous (Querist) 23 March 2010 This query is : Resolved
respected sir

my grandfather has passed away in 2000 leaving behind 4 daughters & 2 sons.now my grandfather has made a property in delhi which is occupied by both sons from last 25 yrs.my grandfather has made a will stating a distribution between both sons in equal ratio but that will is not registered.

now my chachaji had let all 4 sisters had made signed a relinguishment deed in his favour all 4 shares of sisters & with 1 share to my father & also he got it registered.

Now he(chachaji) had made a declaration on a stamp paper of Rs.100 stating that the share between him & my father will be 50% each which is notarised & signed by him & his family members.

Now we want to sale the property,is that agreement entered between my father & chachaji which is also notarised is legally valid & enforceeable in the event chachaji does something wrong in the honourable court of law??

Does the agreement needs to be registered?if chachaji does not agree for its registeration of the agreement can we take the token amount on the basis of that agreement?

Also is there any recent Supreme Court Judgement regarding its enforceeability??

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Parthasarathi Loganathan (Expert) 23 March 2010
Sale agreement is valid and enforceable subject to the fact that all the legal heirs have acted as per the terms of Will executed by the grandfather

N RAMESH. (Expert) 23 March 2010
According to you, there is already a registered deed with 5 shares in favour of chachaji.

To set things right, your chachaji has to execute a partition deed with your father agreeing to 50% division. The partition can be in the form of agreement.

To overcome earlier registration, another registration is required.Hence agreement is to be registered.

Parveen Kr. Aggarwal (Expert) 23 March 2010
As your grandfather executed a will excluding his daughters and bequeathing his property in equal shares between your father and chachaji, both of them became owners in equal shares upon the death of your grandfather.

The purpose of your chachaji first getting a relinquishment deed from his four sisters and then having a declaration on stamp paper declaring your father to be owner of 50% share in not understandable. However, the agreement between your father and your chachaji is not enforceable being hit by section 17(1)(b) of the Registration Act, 1908.

Your father can accept token amount for 50% share on the basis of his entitlement under the will but legally he cannot accept token money for 50% share on the basis of an unregistered instrument.

Querist : Anonymous (Querist) 24 March 2010
to mr parveen

as all 4 sisters are close to chachaji they signed in his favour the deed & now to make things simpler my chachaji has made an agreement on rs100 stamp paper stating that we both share 50% each which has sign of all his family members duly notorised.still it is in conflict with the respective mentioned section?

Parveen Kr. Aggarwal (Expert) 24 March 2010
A notarised agreement on Rs. 100 stamp paper does not transfer title of property. For transfer of immovable property of the value of Rs. 100 or more requires compulsory registration.

Querist : Anonymous (Querist) 27 March 2010
to mr parveen

sir we are selling the above mentioned property.so we want that the proceeds should be divided equally.that's why such an agreement with chachaji is entered.does that agreement now makes a sense & enforceable as per law if chachaji does anything wrong.

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