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Property issues with Family Members
Question
Hi Sir,
This is regarding to property claim when a proper family agreement is present
between deceased head of family and his children. Head of Family has 8 Children of them 2 are his sons & 6 are his daughters. Due to Financial Constraints, Only his younger
son pursued higher education & became a doctor, while elder son has become a
small time government servant. All of 6 daughters are government job holders
and were married to men from well-of families. Since Eldest Son was Financially
Very Weak Compared to all other family members, Head of Family made a family
agreement to inherit his properties to him (Eldest one). All of remaining 6
children know about this agreement & supported verbally during that time.
Due to Financial problems, Elder Son didn’t transfer properties on his
name till date.
After 25 years, All 6 daughters started bluffing about family agreement and started
demanding elder son on Legal share of Property and Filed Case against him in
District Civil Court, Elder son prayed before judge and submitted Family Agreement
that he has got and court agreed with his argument & dismissed case reinstating
& reiterating him as sole authority to claim rights on property.
My Question is :
1. Does Court Order suffice as document to register properties on his name now,
as it confers him all rights on property?
2. He may not be able to obtain Family Certificate or Legal Hier Certificate
or Successor Certificate now as every one would object him even if court agrees legally?
How to solve this puzzle and proceed such that this poor man gets his rightful right
over his properties .. Please advice ..
Regards,
Chandra …
Answers ( 2 )
Without going through the decision passed by the Court, it will not be possible to impart the best advice. However if a decision has come in your favour, get the same executed by filling execution petition.
Detail of case and order passed by court is required to be examined.
1. However, based on averment it is stated that order of court does not create any title however the order seem to have supported your version and defense. Hence, order does not confer any right in respect of property in question.
2. Get registered the agreement and get the property mutated in your name. Rest remedy could be suggested only after examining facts in detail. If required consult with detail.