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How to document a registered promise note with own terms & conditions?


09-Dec-2023 (In Documentation Law)
My brother want registered promise note from my mother that' after giving her half amount of my dad's property, my brother will not take any responsibility of mother and all sister will look after her. My father was the first holder of the property and second holder is my brother that too my brother hadn't invested in that property and my father hadn't made any nominee. So in short my mother name is not mentioned anywhere in the property agreement. He agreed to give half amount of the property to my mother but the condition is he want registered promise note so that my mother won't able to claim anything in future. Please advise how to make that document and what will be the cost or is there are any other Legal way so that my mother can get her property..
Answers (2)

Answer #1
955 votes
The whole arrangement sounds absurd and there are lot of ifs and buts even if some arrangement were to be executed.
First of all it is duty of children to take care of their parents and this is law of this country not an opinion based on morality. Further, even if mother were ready to sacrifice half of dad's property for some money it will not be binding upon sisters as mother can only transfer her share in the property and not half the share in entire property. My advise to you is get a good lawyer and put the whole thing in proper perspective.
Answer #2
532 votes
Dear Troubled Sister,

I shall address your query in 2 steps:
Firstly, it is advisable that you record the name of your mother or brother (as your family may wish) as the nominee of your father in the records of the Co-operative Society.
Secondly, you shall execute a Memorandum of Understanding between your mother and each of you siblings recording therein the terms of your understanding and get the MoU registered appropriately.
Since there is no question of returning the money by your mother to your brother, there is no need to execute a promissory note. The MoU shall be sufficient.

Regards,
Adv. Narjis R. Syed

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