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Dinesh Sridharan (Own Business)     01 September 2020

Father property sharing

1. My father has own house bought by him more than 30 years ago.

2. He also has some small village land given to him by his father by registered will. After death of grandfather, village land transferred to my father name using his registered will.

3. He has 2 sons. I am the younger son. One year before my father said he will give half to each son from those two properties.

4. All 3 agreed and we signed an agreement for this in a fifty rupees stamp paper. Registration of  agreement and properties did not take place.

5. My brother is not giving money for family maintenance for my father.  Now my father says he will give both properties fully to me.

6. Can my father sell the village land to another person on his own and give settlement deed for the house to me?

 

Question is can father do either 5 or 6 on his own ? or can my brother file any suit with that agreement and stop these transactions?

 

 



Learning

 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 September 2020

Your brother has a share in the ancestral property of your grandfather.  Your father can do as he wishes for his own property.

Dinesh Sridharan (Own Business)     01 September 2020

so the agreement he signed with my brother for the house is not a problem and he can sell this house to any third party or transfer it to me? correct?

can my brother drag us to court showing the agreement?

kavksatyanarayana (subregistrar/supdt.(retired))     01 September 2020

The agreement on Stamp paper is not valid.

Kishor Mehta (CEO)     02 September 2020

Both the properties belong to your father, one is self purchased and other is inherited per a Will. He can do whatever he likes with both the properties. Neither you nor your brother has any rights over the properties, now or ever. 

1 Like

P. Venu (Advocate)     02 September 2020

Yes, your father can deal with both the properties at his discretion during his life. the village property bequeathed by the grandfather is not ancestral property.

Advocate Bhartesh goyal (advocate)     02 September 2020

Your father is absolute owner of house as well as land inherited from his father through will. Land inherited by your father through will is not ancestral so your father has every right to to sale,gift,bequeath and transfer to any one as per his wish.

 

Dinesh Sridharan (Own Business)     03 September 2020

Thank u everyone.
My father knows he has absolute right for the properties.

But problem is he signed an agreement with my brother agreeing to give half share of both properties. He also wrote that he will not change his mind from that agreement. My brother is asking my father to follow according to the agreement.

 

P. Venu (Advocate)     03 September 2020

Facts posted suggest no agreement, but only a promise from the father - nothing else. As such, your brother cannot get any relief from the Court. Moreover, there is a change of circumstances in that your brother is not taking care of the family. The father can revisit his promise, all the more so, if he is a senior citizen.

Dinesh Sridharan (Own Business)     03 September 2020

In my first post I have mentioned about the agreement in point no.4.  In the same agreement my brother and I both agreed to make all payments for medical and any other additional expenses. Before, my brother was NRI and used to send money to father whenever needed. Only now he is not in terms with us.

My father is 56 years old and still earning sufficient for his living.

 

Manoj Gowda   03 September 2020

I have purchased 2 gunte agricultural land in 2006. the owner family has 2 sons,2 daughter. they have got this property from hereditary , in our sale deed only 2 son and father has signed. now daughter are filling case against us . the witness for our sale deed was signed by one of daughter husband . what to do

their father is dead now

ravi yudha (ceo, non-profit org)     04 September 2020

What is the cause for the change in stance of the father and brother? Father has to honour the agreement. Why is he back tracking? Facts suggest deeper issues.

I am not a lawyer but I think a suit can be filed by your brother for not following on the agreement.


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