Oral Family Arrangement
Querist :
Anonymous
(Querist) 20 November 2010
This query is : Resolved
What is the legal validity of an ORAL FAMILY ARRANGEMENT. The case is as follows:
'A' ( Father-in-Law) and 'B'( Mother-in-law)jointly bought a flat in Delhi for Rs.9,00,000/- ( nine lakhs). Out of which around 3.00 lakh was paid by 'C'(their Daughter-in-law). Before making the payment both 'A' and 'B'orally assured 'C' that after sometime this property would be transferred jointly in the name of 'C' and her husband 'D'. With this Oral Arrangement both A &B entered into an written agreement that "C" would have right to live in the property alongwith her family during her life and also no third party interest would be created without the consent of 'C'. Based on this areement "C" paid the amount thru cheque to one of the vendors of the property . This cheque is metioned in the Full and Final Payment Receipt and also 'Registered Agreement to Sale". The property was transferred thru Registered GPA.
"D" is the witness to both Oral & Written agreement made by A &B with C. Now 'A' is expired . The question is :
"CAN 'C' FILE A SUIT FOR ENFORCEMENT OF ORAL ARRANGEMENT AGAINST 'B' ( In fact after death of 'A' , 'B' wanted to Sell this property . 'C' filed a suit for Permanant and Mandatory Injuction restraining "B" against this move and got stay. The matter is pending before the Court.
Kirti Kar Tripathi
(Expert) 20 November 2010
yes, she can file as from the facts as you narrated she has prima facie case in his her favour.
R.Ramachandran
(Expert) 21 November 2010
One has to see the contents of the written agreement before giving any opinion. Otherwise every person who perceives that he is aggrieved can file a case - whether he would ultimately win or not will depend upon the fact situation and law on the matter.
Querist :
Anonymous
(Querist) 21 November 2010
Sirs,
The Written Agreement( on plain paper) is as under :
THIS DEED OF AGREEMENT is made on this Third day of January Two thousand one between "A" s/o "X" and "B" w/o "A" R/O ____ ( here in after referred as First Party) and "C" w/o "D" R/O ______ ( hereinafter referred as Secon Party)
1. Wehereas the 1st Party has negotiated to Flat "P" from its joint owners (1) "M" and (2) "N" for a total consideration of Rs. 9.00 lahks, the 1st Party who are short of funds of Rs 3.00 lakhs approached and requested their Daughter-in-law ,the 2nd party to makeup the deficit amount.
2. Whereas on the request made by the 1st Party, the 2nd Party has agreed to contributethe aforesaid amount in lieu of she being given the right of residence in the house with her family during life time by the 1st party ,to which the 1st Party agreed.
3. Where as the 2nd Party has paid the amount of Rs. 3.00 lakhs by cheque No. SRTUV drawn T bank ,Z branch of dated 03-01-2001. in favour of co-vendor "N"
4. Whereas both the parties have mutually agreed that they will neither dispose off nor part with possession of the aforesaid flat without the consent of the other party.
5. Whereas the parties have put their signatures in the presenceof the witness.
First Party : "A", "B"
Second Party :"C"
Witness ; "D" ( Husband of "C"/ son of A&B)
Apart from this Written Agremment, an Oral Agreement was also made between bothe the parties that after sometime the flat would jointly be transferred in the name of "C" & "D"
A suit for Permanant and Mandatory Injuction by 'C" against Surviving "B" is pending with Court for restraining 'B" from Selling the property and aslo dispossessing 'C"
The question is : Apart from this Suit , Can "C" and "D" file a Suit against "B" for enforcement of the ORAL AGREEMENT, that is the transfer of the suit property in favour of "C"&"D"
s.subramanian
(Expert) 22 November 2010
Yes. it can be definitely done. An oral agreement also is specifically enforceable in law,if it is properly proved by substantial evidence. I have done it personally in Tamilnadu
courts and won them also on the basis of worthy and believable evidence.
