family settlment not being honoured
vishal kalara
(Querist) 03 May 2010
This query is : Resolved
Dear sir/Madam,
My query is in regards to an oral family settlement..my father is the youngest of all his brothers and sisters...he is also physically challenged....now the problem is that almost 25 years ago an oral settlement was made according to which my father was given 1 residential property and the businesses,shops,warehouses,various shares of my grandfather in other properties were distributed amongst my uncles.However,no document to this was signed except some no objections certificate from some of them for changing the name of my grandfather to my father in revenue records of various authorities.now some properties have been sold by my uncles wherein they got my father to sign the sale deeds...the issue is that after so many years price of this property that my father owns has increased many folds...and one of my father's brothers have become greedy...and he is asking for his share in this property..... as he took his share in cash there is no record of him getting any property...the other 5 brothers and sisters are ready to register the oral settlement that had been made years ago ...will it be sufficient if the one demanding his share goes to court...
Regards and thanks to everyone
vishal
adv. rajeev ( rajoo )
(Expert) 03 May 2010
You said there no documents to show the partition already taken. In absence of the valid documents you cannot prove the partition, but you can take defense that once partition always partition.
Your uncle file a suit for partition and seperate possession.
Burden lies on your father to prove that your uncle has taken his share by way of cash.
vishal kalara
(Querist) 03 May 2010
sir,what if we register a MOU with court wherein all other brothers and sisters,will declare that there was an oral settlement and according to that this particular property fell in my fathers share...will this be enough to prove that the demands of this one brother are wrong...also my father has absolute physical possession of the property and he has been paying house tax.. electricity and all the other charges for over 25 years.
Manish Singh
(Expert) 03 May 2010
family settlement shall alwys be given preference even if it's oral. if you can prove it, then the court shall make the same settlement into writing in the form of decree.
vishal kalara
(Querist) 03 May 2010
Thank you all for your replies,However I would request you all to give me a little more clarity on this..so getting a Memorandum of understanding Made is the right step for me....since by declaring in a registered document that one was a part of an oral settlement one becomes a witness to that oral settlement and if a case is registered one will have to appear and accept in the court of law the oral settlement was made.Please tell me if this is the right step for me... Thank you again.
Manish Singh
(Expert) 04 May 2010
if the mou is made that will be a partition in writing thus shall be acceptable by the court.
