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aadi   02 December 2023

Breach of oral agreement

20 years back my father's sisters took money from him for removing their names from the property record. But till date they have not done. They orally promised they will remove their name. Being sisters, my father believed them. Still he sent them reminders time and again but they did nothing. Now they have filed a partition suit and blackmailing for more money or partition of the property. 

What to do now? Can we file case for breach of oral agreement?



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 December 2023

It is presumed that the property is ancestral.   No.  The ancestral property can be partitioned among all the legal heirs.

T. Kalaiselvan, Advocate (Advocate)     03 December 2023

In the absence of any registered rellease deed executed by his siters relinquishing their rights, your father cannot claim their share in the property, instead they can very well claim their rights in the property for their legitimate share. 

Advocate Bhartesh goyal (advocate)     03 December 2023

Oral agreement/promise is not valid for relinquishment of share. Since property is ancestral so your aunt has right to claim her share in property.Better settle the issue amicably. 


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