MR. "F" IS FATHER,MR."S1","S2","S3" ARE SONS AND MRS."D" IS DAUGHTER. ON 09-7-1982 ALL F,S1,S2 AND S3 MADE A FAMILY ARRANGEMENT STATING THAT THE RESPECTIVE ORAL AGGREMENTS OF SHARES MENTIONED THEREIN WERE BEING ENJOYED FOR LAST 25 MONTHS. IN 1986 "F" MADE A REGISTERED WILL TO HIS GRAND SON TO THE EXTENT OF HIS COMPLETE SHARE . ALL THE RESPECTIVE SHARES OF SCHEDULES WERE NOT MUTED ON THE REVENUE RECORDS EXCEPT "S3". THEY WERE IN THE NAME OF MR."F" TILL-DATE.
"S3" TOOK "F" TO THE REGISTRAR OFFICE ON 10-09-2009 AND GOT 1.5 ACRES AGRICULURAL LAND PERTAINING TO "S2" IN FAMILY ARRANGEMENT BY EXECUTING GIFT DEED BY "F". AT THE SAME TIME HE ALSO EXECUTED GIFTED DEEDS FOR "S1","S2", "S3" AND "D". MR. "F" EXPIRED IN DEC. 2009 (REORGANIZED THE ORIGINAL SCHEDULED PROPERTIES, DUE TO DIFFERENT VALUATIONS).
"S2" FILED A SUIT AGAINST "S3" IN THE COURT FOR RECOVERY OF HIS SHARE OF 1.5 ACRE AS PER HIS SHARE OF FAMILY ARRANGEMENT. "S3" REPLIED IN HIS AFFIDAVIT THAT "THE ALLEGED FAMILY ARRANGEMENT DATED 9-7-1982 IS AN INVALID DOCUMENT AND UNENFORCEABLE AND IN ADMISSIBLE IN EVIDENCE. THE SAID DOCUMENT WAS BROUGHT IN TO EXISTENCE DURING MY MINORTY ("S3" D.O.B IS 15-08-1961) AND I WAS NOT VERSED WITH THE CONTENTS THEREIN. THE PROPERTY BELONGS TO JOINT FAMILY AND HENCE AS KARTHA OF JOINT FAMILY "F" EXECUTED GIFT SETTLEMENTS WHICH MUST BE ACCEPTED BY ALL MEMBERS. EXCEPT "S3" ALL WERE ABSENT TO THE EVENT .
(1) WHAT ARE THE CHANCES OF WINNING "S2" IN THE COURT.
(2) DOES THE WILL HOLD VALIDITY?
(3) DOES THE GIFTED DEEDS VALID ?
(4) DOES "S3" SIGNED IN THE FAMILY ARRANGEMENT DURING HIS MINORITY?
(5) DOES THE FAMILY ARRANGEMENT INVALID
NOTE: ALL PROPERTIES MENTIONED ABOVE ARE ANCESTRAL
Dear Subba Rao In A.P. Family arrangements took place need not be registreses at it was termed as partition list. Second one when the family arrangements is valid the will executed by F would be invalid . No one can say wiht out observing elebrote documentary evidence in given case of chance of winning. So Take proper advise from your lawer.
The main contension of S3 is that he signed on F.A when he was minor. But actually he is short of 24 days to complete 21 years. My question is whether a person can sign who completes 18 years of age OR 21 years of age to do so (to sign on F.A to attain legality). But according to contract act the person who completes 21 years of age only can participate in such activities. F.A is aslo a type of contract. Hence I raised this question in the Forum. Please clarify my doubt.
A kartha( your friend's father) can force a valid partition amongst the co-parcenors even without their consent.Only fact to be taken into consideration is that - all the co-parcenors received equal value in the property or money consideration to the extent of their share , inclusive of the kartha. Since F had entered into a family arrangement, wherein he has equally divided all the ancestral properties, his family arrangement is perfectly valid . Being the guardian of S3 , he is deemed to act on his sons(S3's) behalf.
Now the issue arises only if had alienated ( ie : sold ) any share which would rightfully belong to his minor son.Here section 7 of Limitation act comes into picture,as explained in your earlier post.
For your elaborative explanation of case study and fill confidence in my friend's heart. In respective of Law he will win , no doubt?, according to your openion in it.
Finally I am asking a question , you please explain the differences between a person's participation at the age of less than 18 , age between 18 & 21 , and greater than 21 in respect of FAMILY ARRANGEMENTS and CONTRACTS. If in one way when both of them are same , why this discrimination in Law ?. Sir please keep in mind that I am an innocent before LAW.
The law seeks to protect the interest's of minors.It is for this reason limitation of age of a minor as to 18 or 21 works, whichever is beneficial to the minor.Family arrangement in your case , is deemed to be a proper partition.whether minor son signed the arrangement deed is not important.It is important to see, whether he was put to difficulty as a result of this family arrangement.Hope , I am clear on this issue.
Now I understand what you explained . No more doubts. If people like you enlighten the people , society will be in peace. Everybody will follow the Law (At least 75 %). I wish you prosperous in your career as an advocate and successful life.