Family property
Elangovan
(Querist) 26 April 2012
This query is : Resolved
Dear Sir,
My grandfather has 3 son, 5 daughters. He has a property in tamilnadu. my father is one of his son and he is elder to other two. my grandfather and grandma is no more. now the son three have to divide the property. my grandfather has given a settlement document to my uncle (his 2nd son) that the 2nd son has spent somuch of money to help family and get his sisters married etc. So the 2nd son has got a written settlement document from my grandpa saying that'the other two sons can get their share of land from the 2nd son only when they two pay the sgare amount to the 2nd son and get a receipt from him. now the 3rd son has sold his share to the 2nd son and got the money. but since my father is no more, I want to get my father's share from my uncle (2nd son). But he did not give me the share with a registered document. He has only given a document in a 5oRs stamp paper mentioning the portion that he likes to share (one third). I want to get it thru a registered doc. but he(2nd son) is not willing to give at present. When he gave this rs50 document to the municipal for change of name, the municipal also does not accept. I want to know whether this Rs50 stamp paper is a valid legal document or not. Please clarify.
prabhakar singh
(Expert) 26 April 2012
It would depend upon the language of draft.If written as a memorandum of partition then it is valid but if written as partition deed then it is not valid.
MohammedRaffiq Bijapur
(Expert) 26 April 2012
The document is not valid for want of sufficient stamp duty.
It is a settlement deed, in Karnataka it requires Rs 1000/- So consult local advocate.
ajay sethi
(Expert) 26 April 2012
sell your one third share to uncle .
in tha alternative agree to pay lawyer fees , stamp duty , registrartion chrages to your uncle
Raj Kumar Makkad
(Expert) 26 April 2012
The given document is nothing but a supporting document for your right in the property.
You can file a suit before the civil court for partition and possession of your 1/3 share in the entire properties with your undertaking to be ready to pay the amount which your grandpa had written in his MOU.
Elangovan
(Querist) 26 April 2012
Dear All, Thanks for the prompt reply.
Please clarify If I have to pay my share of expenditure to get my share of land as mentioned in the document, What is interest rate as per law will be applicable for the amount mentioned in the document which is written 30 years ago.
Shonee Kapoor
(Expert) 27 April 2012
A local advocate can give better view on this aspect.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 27 April 2012
If interest is not mentioned in the document
then no interest is payable if so far it was not claimed by any notice as it is a family matter and not commercial one and amount was not invested but expended.However to by peace if such an issue is before you,agree for some nominal rate.
