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The validity of unregistered Notarised affidavit
05-Sep-2023 (In Property Law)
Sir, My father died intestate. He paid cash and bought a property in my mother's name. She was a housewife . Now, after my dad's death, I signed a notarised affidavit as full n final settlement against a lump sum. I was the only signatory. Deed is unregistered. 1.) Is notarised unregistered affidavit valid? 2.) Do I have a share in my mother's property? She is still alive.
As per your statement after the demise of your father there was a settlement between your mother and you and you received consideration for foregoing your share and signed and affidavit and it was notarised . Now you do not have any right in that property and your mother is the absolute owner and she can dispose it as per her choice,
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Adv. G. Asok
Chennai | 200+ Answers
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Having accepted a lump sum amount instead of your share and relinquished your share by means of an affidavit, it is not fair on your part to lay claim for your share from your mother. The affidavit may go against you.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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If she is alive and the property in her name at present you can't claim right over the property, otherwise you have to prove that it was a benami transaction, your father purchased the property in the name of your mother out of his income. Unregistered document only can be used for collateral purpose.
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Adv. Santhosh
Ooty | 100+ Answers
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In this case your father died but he doesn't any property even in his name and the property has been purchased in your mother name so after the death of your mother only u can get rights over the property and furthermore in her lifetime she has the right to convey the property to anyone since it will be considered a self acquired property
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Adv. Paul Britto Kumar
Chennai | 25+ Answers
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