Family arrangement - gift deeds - which is valid ?


DEAR SIRS,

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

 
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Advocate

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.  

 
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Advocate

Dear subbarao,

S2 will succeed to the extent of his share as per the family arrangement.( The reason - as per sec 7 of Limitation act is explained in your earlier post)

F's will is valid to the extent of his share.

The rest of the gift deeds are void legally and need not be acted upon.

As kartha , one cannot gift away shares of ancestral property to other coparcenors. A kartha can only effect a partition which in your case is a family arrangement.

 

 
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Thank you very much Mr.Vish,

                                                      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.

Regards

Subba Rao

 
Reply   
 
Advocate

Dear Subbaroa,

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.

 
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Thank Mr.Vish

                           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.

With Regards

Subba Rao

 
Reply   
 
Advocate

Dear subbarao,

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.

 
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Thank you v v much Mr.vish

                                                  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.

With Blessings

Dr.B.V.Subba Rao

 
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