Legal Question in Family Law in India
validity of a contract made through notary
an agreement was made between mother in law& daughter in law (widow)only within a month of sons death through notary.through this contract mother tries to take the rights of her daughter in law.is areement valid(not registered)
7 Answers from Attorneys
Re: validity of a contract made through notary
sec 17(1)(b)of the registration act 1908 states non testamentary instruments which purport or operate to create,declare,assign,limit or extinguish whether in present or future,any right,title,interest,whether vested or contingent,of the value of one hundred rupees or upwards to or in immovable property has to be compulsorily registered.
Therefore your contract has to be registered
Re: validity of a contract made through notary
It is valid and depends on intention.
Re: validity of a contract made through notary
it will be valid as far as you can prove
Re: validity of a contract made through notary
depends upon the wording and manner/method of this agreement. there is possibility of a family settlement. such a settlement is allowed. however, if a fraud has been played upon the widow, or if her rights have been taken away without consideration, such an agreement can be challenged before the court. no definite answer can be given without first reading the document and knowing complete facts.
if you are interested in a complete and detailed opinion, please send the document and write me detail of attending circumstances.
no charges.
Re: validity of a contract made through notary
law does not require that the aggreement should be registered. Notary or no notary does not make any difference.What sort of rights are soughtto be transferred has not been mentioned. Please give details.
Re: validity of a contract made through notary
The law needs the signature and registration of the agreement is not mandatory always. It always depands what is stated in the documents. Can you please let me know the ingredients or kindly mail the document so I can formulate advice for you.
It would be free of any cost.
Re: validity of a contract made through notary
Non registration of a document does not make any document illegal or invalid.Agreement is required to be seen to give opinion.However agreement can be challenged on various grounds if the agreement is unreasonable etc.Contact with details.Professional charges are applicable.
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