Pratyay Sengupta (Propreitor) 17 May 2010

Notarized Agreement

With due respect to all I would like to ask that:

We are two brother decided to purchase jointly a new flat on bank finance. In order to do that both we communicated with several banks and came to know that the bank according to their norms do not finance any property jointly in the name of more than one brother. Besides, I was working with a Jute Mill and that was not a Company approved by bank for HBL whereas the Company of my elder brother was an approved Company for HBL. Then we decided to purchase the flat in the name of elder brother since there was no other alternative. We live all together and executed a family agreement to be equal owner of the said flat I have taken the responsibility to run the family and my elder brother is paying the EMI. I have notarized the agreement. Now the question is: Can my elder brother resist me to take my share of the said flat ? Is there any legal base of the said noterized agreement ? If the said worst setuation arises in which court under which section of law should i appeal for my ownership ?

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 May 2010

It is an agreement , it can be considered. If your brother denied your share, you will have to file a suit for partition and seperate possesion of your share. Burden lies on to prove that property is purchased jointly.

R.R. KRISHNAA (Legal Manager) 17 May 2010

In my opinion such a family arrangement requires registration.

Ayush (Advocate) 17 May 2010

The agreement is no doubt a genuine document and you can rely on the agreement to have your share in the property. A civil court will have all the jurisdiction to try the suit. There are a lot of proofs that will go against your brother.

ashish (Inspector) 17 May 2010

transfer of property Act govern the transfer of propery in India. When there is specific act the contract act doesn't override the Transfer of property act

vijay (member) 20 May 2010

the agreement is legal and you can file suit of performance of contract an in sec 49 of the Regi. Act no corresponding ammendment.

VIJAY K. TEOTIA (ADVOCATE) 24 May 2010

Notarised family agreement does not have legal sanctity. it needs to be registered if the property is divided through such instrument.

VIJAY K. TEOTIA (ADVOCATE) 24 May 2010

The agreement is like a family settlement. since the registry is in the name of your brother therefore you do not have any title over the property. on the basis of such document you may file a partition suit. you can rely upon the signed document. hoever admissibility of the agreement depends upon the court because unregistered document related to the property may not be admissible as eveidence under evidence act. filing partition suit is the one option for you.