In 1994 arbitrator decided on our property and 4 brothers signed the memorundum of arrangement. 3 brothers started using there part. One brother however used part of the 4th brother. In 2006, we went to court and lower court said in its order, why estoppel rule should not be applied. One of the brothers went to aurangabad high court saying that the document is not registered and hence it is not acceptable. My questions are
1. If the arrangement is done by arbitrator (panch) and the brothers signed the paper of memorandum. then is it called family arrangement or partition deed.
2. If 3 are acting as per the document and also taking benefit of the 4th brother , then why should question of registration come after so many years? At the same time 2 brothers have given in writing to local government that "oral partition happend" and hence got the house transfered to there names respectively.
3. Should the 4th brother get all the dues with intrest from 1994 onwards?
Thanks.
Upendra
