Agreement
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
hello sir.
we made agreement with our uncle on a stamp paper about our properties .In the presense of witnesses and lawyer.
notary was done for it.
is there a law which says if my uncle does not agree to the agreement we can take them to court and take legal action ?
adv. rajeev ( rajoo )
(Expert) 25 September 2011
u/s 17 of the Indian REgn., Act properties transferred thru., any deed or got thru., any deed is compulsorily registrable document.
Notarization of deed is not sufficient, you cannot do any thing,
Querist :
Anonymous
(Querist) 25 September 2011
so in this case... if porperty is in our name. still he can go to court to challenge it ?
actually to give a background we gave 2 property to him and made agreement which said all other property he will not challenge in future.
Advocate M.Bhadra
(Expert) 25 September 2011
You did'nt mention what type of Agreement you made and notarized,if it was an Agreement for your ancestral property or joint property and partition thereof, it is not a valid document according to Indian Registration Act.as well as Law of Partition.
ajay sethi
(Expert) 25 September 2011
was the document properly stamped? it would be advisable to have document registered . if tomorrow your uncle decides to go to court it can create legal complications if document is not registered .as un registered document is inadmissible in evidence .
however please note that memorandum which merely records family settlement need not be registered
R.Ramachandran
(Expert) 25 September 2011
You have to indicate, as rightly asked by Mr. Minansu, what is the agreement that you made - with regard to your properties - sale, mortgage, lease, or any other thing?
Only when you reveal the complete facts, one will be in a position to give an appropriate answer to your query.
prabhakar singh
(Expert) 25 September 2011
What agreement you made with your uncle,not told by you????
Then how can we decide your agreement is valid and enforceable at law in courts against your uncle.????
Guest
(Expert) 25 September 2011
when the document is not registered u/s 17 of the registration act, as when there is transfer of the rights in a document it must be registered and if not registered than it is very difficult to prove the case but you have the hope as you can file a suit for declaration and for possession/specific performance and prove the signatures of your uncle than you can get out of this.
Raj Kumar Makkad
(Expert) 25 September 2011
Until you pu entire clauses of the mentioned agreement, no definite opinion can be framed so provide it.
