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Whether an agreement on paper holds any value wrt property
17-Mar-2023 (In Property Law)
The self acquired property of my grand father is still in his name. He died a long time back in 1970s. My father has one brother and one sister. My father and his brother made a agreement as to who will reside on which side in the property and as my father got a larger area, he even paid some cash to his brother. This all was written on a plain paper in 1992 in presence of 3 people. My paternal aunt was not consulted and was ignored at that time. However, that document was not registered under Registration Act 1908 or any other act/rule. Now, my paternal aunt wants 1/3rd share in the property. I want to know whether that document holds any value and whether my paternal aunt can claim 1/3rd share and gift it to my father. Religion is Hindu.
Hello I have perused your query.
The Act was amended in 2005 to give equal rights to women. The amended Act, which came into effect on September 9, 2005, is applicable to the various sects and castes of Hindus, apart from Sikhs, Buddhists and Jains.
Prior to the amendment, a woman had no right to a joint ownership or coparcenary property. Section 6 of the amended Act talks about the devolution of interest in coparcenary properties. Now, a daughter becomes an owner of the coparcenary property by birthright in the same manner as a son does. Widows are also entitled to claim a share equal to that of their children at the time of distribution of the joint family property among the sons.
In this matter if your grandfather dies intestate or without any will then shares will be divided equally by way of metes and bounds.
In case a living arrangement already exists then pursuant to that a partition suit can be instituted in a civil court of law.
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Helpful?
Adv. Love Kumar Soni
Goa | 400+ Answers
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in your question it is not clear that your paternal aunt is widow or not?
however in both cases she can not claim 1/3 area if her husband who is your father's brother is alive. And if he died his wife can only of her equal share divided among her and her sons and daughter out of her husband's share only.(not from her husband's sister share.
Any family settlement document among the heirs of the property as per the governing laws of that time., will be accepted as a partition deed in the court if it is bearing signatures of at least 2 witnesses.
Your paternal Aunt can well claim her share and if she wants she can gift t to your father.
however it would be much more better if you get signed a relinquishment deed from your paternal aunt for her share in the property in favour of your father. This will attract no court proceedings. And on this deed basis your father can mutate her share in his name. or can sell his part alongwith his sister's part (yout paternal aunt's) share of the property.
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Adv. Anand Bali
Delhi | 25+ Answers
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