Venkat (NA) 07 February 2012

Challenging a notarized agreement

Respected members,

Please advise me on the following situation.

Mr 'X' has two daughters 'A' and 'B'. Out of the immovable property that 'X' has, a minor part he got it out of familly division after 'X''s father expired and rest is his self acquired. 'X' had gifted major part of his self acquired property to kids of his daughter 'B'. After few months 'X" under gone a major surgery and he got into mental trauma there after and no signs of recovery.

It is at this time, daughter 'A' raised a dispute that all the property is joint property, earned using nucleus of joint property and thrown into hotch potch, taking advantage of 'X' health condition. To close the dispute, with intervention of well wishers, the two daughters 'A' and 'B' and X's wife and kids of the two daughters entered into an mutual agreement (duly stamped, eight Rs20 stamp papers) that some part of the already gifted property will be given to 'A' and/or her kids and the remaining (not gifted) will be shared among all as mentioned in the agreement. This agreement then got notarized.

The above agreement has been signed by the two daghters 'A' and 'B', X's wife and kids of the two daughters but WAS NOT SIGNED BY X AS HE IS IN MENTAL TRAUMA. And after few days 'X' is expired. After that gift deeds, partition deed are executed and got registered with property divisions as mentioned in the agreement. Based on these facts....

1) If 'A' or 'B' or X's wife were to rise a dispute again saying inequal propery division, will it sustain?

2) What is the value of the above mutual agreement? Will it be accepted as an evidence that the parties agreed to said property division?

3) is the agreement is legally binding to enforce the said property division again? (some of the deeds executed after the agreement are not valid per law and needs to be/about to get revoked)

3) Can the agreement be challenged, as it has division of property owned by 'X"? If so to what extent is not legally binding? Note that the agreement is not signed by 'X' who is the absolute owner of the residual property at the time of entering into agreement

Thanks in advance.

Reply Follow

4 Replies

valentine thakkar (advocate) 08 February 2012

It should be signed by all coparceners. It should be done on proper stamp paper and get registered. Notarized agreement can be challenged. Was the property mutated?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 08 February 2012

The POA can be challanged on many technical lapses.

Venkat (NA) 08 February 2012

Mr Thakkar, thanks for your reply.

Kindly note that, as mentioned above also, partition deed & gift deeds have been executed and got registered. The property division/gift is as agreed in the agreement. Yes the property got mutated.

On what grounds the notarized agreement can be challenged? The registered gift deeds are not valid as per the FEMA act. So I want to know if the notarized agreement is of any use in getting the transfer of the property AGAIN to the party affected by the invalid gift deeds?

Thank you.

valentine thakkar (advocate) 08 February 2012

For gift deed also one has to pay the court fee. The person who has not signed can raise objection. Notarisation is for the purpose of record and has to be proved if challenged in the court. You have followed the procedure, but in property matters it is always safer to get the court decree. Even a disinterested party can drag you to the court. Please take help of any advocate of your area in this regard. However, so far as no one raises objection, you are safe!