Legal Question in Real Estate Law in India

Legality of family arrangement
My father in law died without leaving a will. After his death the sons drew up a family arrangement plan where in they shared the house which my father in law left and stated in that document that the daughters are renouncing the right to the said property.They got the signatures on the document. The document was not registered and they used it for getting the khata transferred from the municipal corporation. Now they are negotiating with a builder to develop the land by demolishing the existing building and in turn the builder is offering them 40% of the apartment which is going to be built. The title deed remains in the name of my father in law. Is the family arrangement document is valid and does it takes the place of the title deed to property?

Asked on 9/13/06, 9:34 am

2 Answers from Attorneys

GEORGE T.V. LITTLE MASTERS

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Re: Legality of family arrangement

The family arrangement document cannot take the place of the title deed.When your fahter in law died intestate,all his Class 1 heirs which includes your wife, have simultaneouly inherited his property equaly. The vested right of your wife could not have been divested by an unregistered document.Without a registered renouncement deed, the title of the property cannot be changed in the name of your brother-in-laws.As long as the property is in the name of your father in law, your wife can claim her share in the property if she so wishes.

Answered on 9/17/06, 11:05 am

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