Partition agreement
Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
Youngest & forth unmarried son, living separate out of home, due to unfavourable behavior at joint home of parents & three elder married brothers - living separate within home portions, requested for partition & parents decision to live along with him or not out of home,
at the family meeting,
(1)father decided not to live along with 4th son & mother decided to live along with 4th son,
(2) 4th son demanded nothing in partition in terms of money n wealth
& father also denied to give anything
now the 4th son is happy with the decisions and wants this in written, so that in future,father n brothers cant allege that they gave anything,
please suggest how this agreement can be sought to be registered as a legal proof,
(whether it can be affidavit from father & brothers, or partition agreement on non judicial stamp paper, or registration at tehsil)
R.Ramachandran
(Expert) 10 August 2011
Before giving any view on the query, you have to indicate the following:
(1) When you talk about joint home, are you talking about Joint Hindu Family (HUF)?
(2) Do you mean the immovable property is that of the HUF?
(3) Do you mean to say that the 4th son is one of the members of the HUF?
(4) You say father also denied to give anything. Anything means what any portion from the property. There again which property? Whether the property is the self-earned property of your father or ancestral property.
These details will play a vital role, notwithstanding what the 4th son says or agrees.
Advocate Rajkumarlaxman
(Expert) 10 August 2011
i agree with our expert R Ramchandran Pl,ease put forth the deatils
K.S.Srinivas
(Expert) 10 August 2011
Please give details to Mr.Ramahandran to get appropriate advice on the matter.
H.M.Patnaik
(Expert) 11 August 2011
In the limited facts of the case as disclosed in the case, it is gathered
that the unmarried Fourth son of the family lives outside ancestral home accompanied by his mother on own accord and in course of mutual partition agreeable to part with his share of ancestral property & wealth and desires to have the above arrangement in family partition recorded in shape of a legal document.
In the given circumstances, the mutual family partition can be reduced to a legal document by approaching the local Civil court by filing a misc. petition.
M/s. Y-not legal services
(Expert) 10 August 2011
