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rajesh khetan   29 January 2019

family arrangement

hi, during 2003 my mother , father, brother and me executed a family arrangement as per which we decide the property in three equal parts ,one for Mom and Dad, one for bhaiya and one for me ,total valuation was 1200000/- at that time ,so bhaiya get out from home after receiving 4 lakhs of his share,
in deed it is clearly written that till mother or father is live property will be in name of her/he and after them I can mutate the same in my name where ever it required
deed is on a 50 RS stamp paper duly signed by five witness also but it is unregistered.
my father expired during 2013
property was my mother's self aquired property.
during 2015 my mother gifted the whole property to my bhabhi without my consent.
mother is still alive and will not favour me
what can I do


 7 Replies

Kishor Mehta (CEO)     30 January 2019

1. Unregistered family agreement is valid ONLY if every member of the family gives consent. 2. Your mother can gift her Self acquired properties to anyone, your consent is not essential.

H.M.Patnaik (Proprietor)     30 January 2019

I completely agree with the expert Opinion given above.

rajesh khetan   30 January 2019

it means one can revoke his any agreement made in behalf of his own property at any time

P. Venu (Advocate)     01 February 2019

What is the real issue? It appears that there are deeper issues.

rajesh khetan   01 February 2019

hello sir
the matter is that my mother , father ,bhaiya and me executed an unregistered family arrangement on a 50 RS stamp paper during 2003. the property is in name of my mother. there was clearly mentioned that my big brother has received his share in form of demend draft receiving of which is on the arrangement deed. and after receiving the share he was out of that property, and I was living there with my mom and dad. the arrangement deed was duly signed by my mom dad bhaiya and me and four our family welwishers,as witness.
here it should be clearly understand that MOM ALSO SIGNED THAT ARRANGEMENT DEED.
after that during 2013 my father expired, till that time there were no issues. but during 2015 my mother gifted that property to my bhabhi (brother's wife) through a registered deed. that's the issue, now the questions arises
1- as per registration act 17 sub section 2,if a family arrangement which did not transfer any title and is only for future mutation information in court is not mandatory to be Registerd, and that's my arrangement is, which is not transferring the title of that property till either of my mom or dad is alive, but after both of them I will execute mutation in my name where ever will requir
2- can my mom revoke that family arrangement, because mom has been all ready executed that arrangement and signed it
3- if no then can I suit in court for cancellation of that registered gift

rajesh khetan   01 February 2019

and in properties paper it is not any where written that the property has been purchased by mummy's fund , but in the arrangement deed it is written that the property has been purchased by moms STEREE DHAN

P. Venu (Advocate)     02 February 2019

The property exclusively belongs to the mother. The Children or the husband have no right therein during her lefetime. The so-called family arrangement entailed transfer of property and hence is of no legal standing unless the deed has been registered, As such, the properthy continued to vest with the mother, and the gift she has made, through a registered deed, cannot be said to be invalid.

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