Experts please note this is not a academic question
munshilal
(Querist) 09 February 2019
This query is : Resolved
it is well settled when the attorney expires his/she"s signed power of attorney becomes legally in valid,
Query, does this same principle/law apply to the MoU (unregistered) of family settlement in respect to the immovable property, when one of the beneficiary dies , does the MoU In question become Legally invalid-?
Guest
(Expert) 09 February 2019
Normally such agreements or contracts would be void on death of concerned person involved. Depending on circumstances legally it has to be made void.
munshilal
(Querist) 09 February 2019
Dear narsasimha (expert) in continuation ,the MoU in question was signed between mother and her three adult siblings ,--which mentioned sharing of the property @ 25% each after the sale, but the mother has expired before the sale- now -who is lawfully is entitled to her share?
note one think is sure the is no will of hers except the MoU in question
Guest
(Expert) 09 February 2019
Legal Heirs of the deceased would be eligible for her share. Instead of 25^ now it would be 33.33%. First obtain the Legal Heir Certificate from concerned Tehsildar or Revenue Dept
munshilal
(Querist) 09 February 2019
Dear expert Narasimha appreciate your wisdom,as mentioned by you , the share each would be 33.33% each --but one of the siblings is insisting that he should get the mothers share also ,how the tackle this situation /
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kavksatyanarayana
(Expert) 10 February 2019
Try to settle the issue in an amicable way. all the legal heirs discuss and decide your shares. If you all agree to divide un-equally or equally. otherwise file case.
munshilal
(Querist) 10 February 2019
attention expert Kavksatya-
-please mention what type of case is to be filed ?
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kavksatyanarayana
(Expert) 10 February 2019
To divide the property in 3 equal shares is ok. It may divide in un-equal shares also. if your brother not agree, file partition suit.
M V Gupta
(Expert) 10 February 2019
I agree that if there is no consensus among the siblings for equal sharing or otherwise, partition suit is the only remedy.
munshilal
(Querist) 10 February 2019
Dear experts - Greartful for your opinion/advice pertaining to the present matter-(ref to M.v.gupta expert)
-Query--when is is said any document/ MoU/ pertaining to immovable which is not registered/ is Null & VOID -then where does the need of Parttion SUIT ARISE ?
M V Gupta
(Expert) 11 February 2019
MOU only records an understanding reached between parties thereto regarding the subject matter mentioned in it. It need not be registered as it does not effect transfer of interest in the property. Under section 17 of Indian Registration Act only documents by which right in immovable property is created or extinguished or otherwise transferred from one person to another are required to be compulsorily registered.As MOU mentioned by you does not effect transfer of rights, but only records the manner in which the property is agreed to be shared is not required to be registered.
As regards your other query regarding need to file suit for partition, it becomes necessary to compel your sibling who is not agreeable for equal sharing of the property on the death of mother, to sign the partition deed of the property..
Raj Kumar Makkad
(Expert) 08 February 2020
In response to your first query, I am of the firm opinion that MOU is not equivalent to GPA and so it do not lose its existence on the demise of either of the parties to MOU like GPA.
Raj Kumar Makkad
(Expert) 08 February 2020
So far as your subsequent query which is the crux of the matter is concerned, by way of MOU. the signatories to that MOU have already got partition of the joint property say a family settlement has taken place and now on demise of the one of the signatory i.e. the mother, prior to the execution of the MOU shall entitle the legal heirs of deceased lady to inherit her share in equal share , Either of the parties can file a civil suit for partition and possession.
