Family agreement on a plot with a house built on it Family agreement on a plot with a house built on it

1 month ago

How can a family agreement be made for a Plot that my parents gave me ? I built a house with a house loan from a national bank and the rentals from the house is being paid to my parents and my two brothers given 5 Lacs each.
Is that agreement format available readily and does it need to mention the above details in it ?

Anik

Responded 1 month ago

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A.Dear Client,

For a family settlement agreement to be legally binding, all involved parties must sign it in the presence of witnesses and a notary public. Validity hinges on the parties' voluntary and uncoerced consent, supported by consideration. Once executed and acted upon, a family settlement deed cannot be cancelled; only registered deeds can be cancelled by court order. Challenges to the validity of such deeds must be made within three years from the date of the cause of action, such as discovery of fraud or coercion. When acquiring land from parents via a family settlement agreement, ensure all terms are clearly outlined and jointly signed by all parties and witnesses.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In a family settlement agreement, all the parties involved should sign the settlement deed in the presence of witnesses and a notary public to make it legally valid and enforceable. The validity of the settlement agreement requires free consent of all the parties which must be given voluntarily, without any coercion or undue influence, and must be supported by consideration. The family settlement deed once executed and acted upon can never be cancelled. and registered deeds can be cancelled by the Court's order only. The validity of a family settlement deed can be challenged in Court within a 3-year limitation from the date of cause of action arises, like knowledge about fraud, coercion, undue influence etc. So, when you acquire the land from your parents through a family settlement agreement, all the terms and conditions as stated by you should be mentioned in the said agreement jointly signed by all the signatories in the presence of witnesses.
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