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anjaneyulu (student)     17 March 2010

On property transfer against Debt

Dear Sirs,

Please help me ...I will be very thankful to u for ur suggestion on the issue discussed below:

I have a small problem. My father has one brother. He owes to my father an amount of Rs.60, 000/-. Instead of repaying the same, he has transferred the house property which was inherited from my grand father but not registered at that time of transfer( one house to each of his father and his brother) three years ago. Please consider that the tranfer is direct transfer from the name of my grand mother  to my father

                     Here is the problem. Is it a valid transfer? Now His son is arguing that he has share in inherited wealth of grand father. will he has right in that property? Further we inform you that we have sold that property to third property an year ago.  please suggest me........on this issue....its very urgent..



 2 Replies

Prem Krishanan ( Legal)     19 March 2010

It is not clear from your recital whether the transfer deed made by your uncle (Fathers Brother) is not registered or the Part ion deed between your fathers brother is not registered.

Please note that, A family arrangement being binding on the parties to the arrangement clearly operates as an estoppel so as to preclude any of the parties who have taken advantage under the agreement from revoking or challenging the same. Even if the family arrangement was not registered it could be used for a collateral purpose, namely, for the purpose of showing the nature and character of possession of the parties in pursuance of the family settlement and also for the purpose of applying the rule of estoppel which flowed from the conduct of the parties who having taken benefit under the settlement keep their mouths shut resile from the settlement.

Your query requires perusal of documents and facts and circumstances and the legal position has to be culled out from the available documents.

bhagwat patil (Property due diligence 9422773303)     25 March 2010

if is registered by way of saledeed then the problem does not arise.  

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