Suresh 24 March 2016

Is white paper agreement valid between family members?

Hi, We have 110 cents of agriculture land & 8 cents of house land. Both are registered with my mothers name. we are 4 members in my family, father(passed away in 2008), mother, me & elder sister. At the time of my sister marriage(in 2000 year) bride groom family demanded total agriculture land as dowry & that land to be registered on my sisters name before marriage. Then we decided to share total agriculture land to my sister & house land to me. We registered agriculture land with my sisters name before her marriage. At that time my mother & father wrote on a while paper (white paper in a book more precisely) that house land belongs to me only. They mentioned that from that day(from 2000) on wards I only have all rights on house land. No body have any rights including them & they mentioned that they will register house land on my name any time i asked to do so. That time we didn't have enough money because of my sister marriage. My father & my mother signed on that paper. I don't have any knowledge at that time on property related matters & some relative told me that white paper/oral agreement is enough between family members. So I took white paper agreement. Unfortunately since 2008 I am suffering with severe back pain(disc related problems) & not in a position to work. So I asked my mother to register house land on my name, so that i can borrow some money for my living. Now she is not agreeing to register house land on my name. Please suggest me what to do. Is that paper agreement is valid? how to proceed legally. Pls advise me. I am in severe financial problems & suffering a lot to survive. Thanks & Regards Suresh

Reply Follow

6 Replies

Suresh 24 March 2016

Try to add value to the discussion, with your each post.

Kumar Doab (FIN) 24 March 2016

If the property is self acquired by father/mother, you can do nothing. Oral agreement shall have to be proved. Family agreement should be registered. Improve your relationship with parents so that they develop confidence in you to give some property to you.

Suresh 24 March 2016

Thank you Kumar Sir,

The property is not self acquired. I read somewhere in net that white paper agreement is also valid.

There is no chance of imporving relation with my mother. I was begging my mother since more than 5 years to help me considering my present health condition or to register house on my name as promised by her(as per written agreement by her) at the time of my sister marriage. If I can register that property on my name I can mortgage it to lend some money. Now no one is ready to lend money as the property is on my mothers name.

I belived my mother at the time of my sister marriage & gave my share of agriculture land to my sister. Now i have nothing other than that white paper agreement by mother & father.

Sir Pls advise me what to do as the property is not self acquired & I have written agreement by her on white paper.

Thanks

adv.raghavan (Advocate,9444674980) 24 March 2016

In whose possession is the property now? If you are holding , wait for your turn no need for you to file any suit, those who are in need of the property will take care of that and in the bargain you may get decent amount , if not try to have coordial relation ship with mother and try to get things done in your favour. You have little hold over the said property, this is the ground reality and you have to accept that.

ROHIT SHARMA (Legal Advisor ) 24 March 2016

1. Since the agricultural land has already been registered in name of your sister before her marraige and your sister and all other mebers of your family have made such white paper in which such facts of the agricultural land is shwon as transferred and regsitered in the name of your sister and the house land was to become your property and that all the concerned family members have put thier signature on such white paper agreement then such white paper being a secondary evidence can help you to get the house land transferred in your name and for that you would need is to file a declaratory civil suit u/s 34 of the Specific Releif Act, 1963 seeking determination of your legaal right over such house land. You can submit a certfied true copy of such white paper (which should remain in your custody) as secondary evidence with your suit plaint.

Suresh 26 March 2016

Thank you Adv.Raghavan sir

Thank you Rohit Sharma Sir, in that white paper agreement I took only my mother & father signatures. My sister signature was not there. I know nothing about agreements in 2000. so took only mother & father signatures. Can it be still sonsidered as secondary evidence?

Thanks again