Distribution of property

shyam lal (Querist) 06 April 2020 This query is : Resolved
My mother expired after signing a MoU non registered family settlement along with my two sisters ,where in she gives her share to me ,and the rest 25% each to my sister's,& as per the MoU I hold 50%
Question is since the mother has expired,does the MoU have legal binding on three of us or now the property has to be shared @33% each.

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Following a mother's death, a family is debating the legal standing of an unregistered Memorandum of Understanding (MoU) regarding property distribution. The MoU, signed by the mother and her three children, intended to give the querist 50% of the property, with the remaining 50% split between two sisters. However, after the mother's passing, the question arises whether the MoU is legally binding, potentially leading to an equal 33.3% distribution among the siblings. While the MoU itself may not be directly enforceable without registration or if not acted upon, the siblings' consent and willingness to honour the original agreement could lead to an amicable resolution through a registered partition deed.

SHIRISH PAWAR, 7738990900 (Expert) 06 April 2020
Dear querist,

As your mother has expired therefore you have to get legal heirship certificate from court. MOU cannot be effected as your mother has expired. Now the property will be distributed equally between you and your sisters.

Regards,

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shyam lal (Querist) 06 April 2020
Expert S .Pawar thanks for the reply, you have mentioned that one has to get heirship certificate ,o.k. but what is this whole process called for e.g. partition,or some thing else ?

Rajendra K Goyal (Expert) 06 April 2020
Who were the parties signed the MOU?
What was the language, whether any clause relating to expire of any party was a part of MOU?
How many days before expire she executed the document?
Why she did not bequeathed a will / normal agreement then a MOU?
Whether any clause was there relating to final agreement on the basis of this MOU?
Has your sisters refused to honour this MOU, if so, what they want?

shyam lal (Querist) 06 April 2020
Mother died after 3years of MoU,there is no time frame or after death clause,why no WILL ,presume God knows,no other clause except 25% has been given to me by her,no clause of expiry of any share holder.sisters have no objection ,they are innocent married adults, but I have objection to 33% each share as MoU says 50%share,& now if sisters are told that the shares have 33%each this not excepted by me .the facts are thus.

KISHAN DUTT KALASKAR (Expert) 06 April 2020
Dear Sir,
It all depends upon the consent of other family beneficial members. If they do not agree then you have go to court for declaration and it will be piece of evidence and heavy burden lies upon you to prove the execution of such document if admitted and after payment of necessary stamp duty.

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shyam lal (Querist) 06 April 2020
Rajinder K Goyal awaiting for your reply to my question

kavksatyanarayana (Expert) 06 April 2020
It is only an MOU. so it cannot bind on your sisters. Convince them amicably to give you a 50% share. If they do not agree, it is advisable to go for partition at 25% each. Otherwise, if you or your sisters file any case it will be a heavy burden to you for not only money but time also.

Raj Kumar Makkad (Expert) 06 April 2020
As per your subsequent posted facts, only your mother had signed the said MOU. If this is true the same is a will of your mother and it is legally admissible document if the same was her last signed document qua the said properties. It cannot be brushed aside. You can get the property left by your mother mutated to the extent of 1/2 share your name as per the wish of your mother.

Suppose your mother as well as you all three legal heirs of your mother had also signed the said MOU, then also the said document having equal value and you can get the property partitioned through court accordingly.

shyam lal (Querist) 07 April 2020
To avoid waste of time and money ,most of all tryiny to convince the sisters to agree to the MOU ,-& not to insist on 33% each-Can I directly get the mutation done in the municipal corporation revenue records with this MOU & death certificate of the mother.or is there any orther documents have to be add?

Rajendra K Goyal (Expert) 07 April 2020
You can proceed if your sisters agree on the document (MoU).

shyam lal (Querist) 07 April 2020
Mr.Rajendra Goyal ,I am told that name entery in the corporation revenue records does not prove title/ownership ,hence when this is the law ,how do I sell my share ?

Rajendra K Goyal (Expert) 07 April 2020
If your sister has agreed on MOU, enter with her Registered agreement / partition deed and on basis of this get entry in the revenue record.

shyam lal (Querist) 07 April 2020
The situation is sisters are not agreeing,now what?

P. Venu (Expert) 07 April 2020
There is nothing that prevents that all the legal heirs in executing, at their discretion, a partition or settlement deed as per the terms of the MOU (rather,as per the wishes of the late mother) or in accordance with the terms agreed among themselves.

A mere entry in the municipal or revenue records do not constitute title to property.

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Raj Kumar Makkad (Expert) 07 April 2020
As your sisters are not agreeing to the contents of MOU so the question of directly going for recording mutation in the Municipal revenue record do not arise. You need to file a civil suit for declaration of ownership and possession to the extent of 50% on the basis of the said MO against both of your sisters before competent court of law and only on the basis of decree pased by civil court, you may get the desired relief.

shyam lal (Querist) 08 April 2020
One last doubt. will this unregistered MOU be admitted/excepted by the courts.

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Dr J C Vashista (Expert) 08 April 2020
Yes, the MoU executed by the parties i.e., your mother, yourself and sisters, is admissible even if it has not been registered.

P. Venu (Expert) 08 April 2020
The facts posted suggest that the mother alone has signed the document; it does not qualify to be a MOU.

shyam lal (Querist) 08 April 2020
Sir Dr.Vahista this is confusing ,please do not get offended,by telling me this is a academic question ,in this context one well wisher sent me Supreme court judgement where in no unregistered docoments have any legal standing particular to immovable properties ,if I may put it in lay man's language, you are welcome to correct me if I am wrong in interpreting the judgement .

shyam lal (Querist) 08 April 2020
Mr.PVenu if I have missed out ,may I state the MOU has signature s off four of us
, including two witnesses.

Rajendra K Goyal (Expert) 08 April 2020
You can discuss with your lawyer regarding the language of the so called MoU, whether it can be termed as a will from the deceased.

shyam lal (Querist) 08 April 2020
The answer is a big no,it cannot be considered as any thing else.

P. Venu (Expert) 08 April 2020
Yes, there are circumstances in which a unregistered family settlement could be admitted in evidence - as corroborative evidence as explaining the arrangement made thereunder and conduct of the parties, But in the instant case, the parties have not acted upon the MOU; it is proposed to be used as the main evidence. As such, the document being unregistered, it cannot admitted in evidence.

So also, the document being a MOU, signed by all the parties, is impossible to be taken or proven to be the WILL of the late mother.

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N. Sivaprakash, Chennai 984099 (Expert) 08 April 2020
All are entitled for a equal share.

Raj Kumar Makkad (Expert) 08 April 2020
If MOU has duly been signed by all concerned parties in the presence of two witnesses then the same is duly admissible before the court of law. None of the parties is allowed to resile from its stand if MOU is duly proved by way of convincing evidence.

Rajendra K Goyal (Expert) 09 April 2020
Even if the said MoU is not covered under the definition of will as claimed by you, it is admissible in court during proceedings in the matter.

T. Kalaiselvan, Advocate (Expert) 10 April 2020
The author:
Do not be confused or frustrated over this simple matter.
Your mother's intention was to transfer her share in the property and this was accepted by your sisters also who have all willingly signed the so called MOU.
Unfortunately this MOU could not be registered hence you are afraid that this may not be legally valid.
Your fear about the validity of the unregistered MOU is correct and justified.
However you may consider the fact that your other siblings have willingly agreed and signed the MOU hence in the given situation, in my opinion, your siblings may not object to this arrangement even you are not able to enforce the MOU.
Therefore you can talk to your sisters about it and draw a partition deed amicably on a mutually agreed conditions by properly demarcating your respective shares in the property as agreed by all the three.
Get the partition deed registered and after that you may get the revenue records mutated on the basis of the registered partition deed.
This is the simple, easy and time saving step that you can take for solving this issue without any problem.
You an take the assistance of a local advocate for all further process.

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