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How to enforce agreement relating to home property


05-Jun-2023 (In Property Law)
Sir my father expired in1984.my grandfather and grandmother already expired.my mother came with me to her brother's home when I was 1 year old.so my Tauji was using my father's home land.i m in defence now.my Tauji got 1 plot from govt.i exchanged my home property with Tauji with that plot with 100 Rs stamp and notary signed.but my mother did not sign.after some time they refused me a to exchange but i did not make it sign by notary.now mother sold her home property to other person .i did not sign.but I donot have objection.now my Tauji put case on me that u exchanged with plot but now how u sold.first my mother asked to them but they did not agree to take.and also they bring my father's sister (05) and put another case through them to take Ur part from sold property.still three bhua ji signed but not agree to take part and two wants part.i m staying in with my mother and family. Pls suggest me.i m in tension.thanks.
Answers (2)

Answer #1
875 votes
You had not specify whether the property of your father is ancestral or self acquired
1. If self acquired: sisters of your father have no share in property.
2.if ancestral than they have share.if you want that sisters would not get share than you have to prove that before 2005 property was partitioned or family settlement had been done prior to that.
You alone can not exchange property with your Tauji because your mother has share in that property so the exchange deed has no value.
Answer #2
899 votes
U need not to worry coz that's very good thing in your case that your mother sold the property and she was not the part of exchange deed .....one more advice for u is that please be care full in future when u sign any document.... And the case about your buhaji its depends on wat kind of property it is....is it a ancestral property or your father's property.

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