Ashish Kumar Gupta (officer) 05 June 2010

Help Me

Dear Sir,

My grand father died in 1990. In 1991 all uncle (two) and my father made a partition paper (MOU) in plain paper along with their signature in presence of one relative his signature is also in that paper.

In 1993 my eldest uncle died. After his death their children is denying from that partition.

My grandfather had a big shop. Our uncle were with them. My father was in Bank service.

All lands are in the name of our uncles.

Only once we got bataidari from agricultural land of ten years.

Now eldest uncle’s sons are threatening also.

My question is does MOU signed by our uncle and my father have any relevance in court.

What step i have to take.

waiting for your suggestion.

Ashish

Reply Follow

3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 06 June 2010

Dear Sir,

Having read the brief facts, I am of the following preliminary view:

Courts in India have taken a very liberal and broad view of the validity of the family settlement and have always tried to uphold it and maintain it. In one such famous case, the Supreme Court had observed that Courts give effect to a family arrangement upon the broad and general ground that its object is to settle existing or future disputes regarding property amongst members of a family.

Family settlement/arrangement is a conciliatory and a pacific mean of division of property and if by consent of parties, the matter has been settled, it should not be allowed to be reopened by the parties to the agreement on frivolous or untenable grounds.

However, family arrangement should not be entered into with an object of escaping tax. It then becomes a fraud. The unparalleled intent of family arrangement is fortification of family vanity, unanimity and tranquility. So, if one aims family settlement or arrangement as a device to save tax it would certainly cast a cloud on the authentic and genuine parties of the whole transaction.

Therefore, it is all the more important to strengthen the documentation of family arrangement in line with the above ingredients. Otherwise, the litigation within the family may be extended to the various revenue departments also.

Trust this would suffice.

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For NuDelhiLawFora
At:
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Supreme Court of India
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G. ARAVINTHAN (Legal Consultant / Solicitor) 06 June 2010

I think, the document you rely is a "Family arrangement deed".

what about your other uncle who signed in the deed?

Devajyoti Barman (Advocate) 06 June 2010

The MOU you are talking about seems to be not only a family settlement but also a mutual partition deed. If in that MOU all the interested parties(having share in the property) have put their signatures then it a good case for filing a suit for partition where your father can claim for his share in the property and other ancillary relief.