Agreement on stamp paper
10 months ago
There are three brothers in a family like A,B and C. A eldest and C youngest. Govt acquires property in name of B and C which were ancestral property and govt compensates B&C. A, B&C make an agreement on 1000 stamp paper to distribute the compensated amount and all 3 sign the agreement. The agreement does not have witness and is not notarized. After the govt compensated amount is distributed in A,B and C then B files a case in court after seven years that the agreement is fake and wants money back. C has no objection to the distributed money. What will court say in this matter.
A.Dear Client,
The court will order an investigation into other circumstances surrounding the case because the decision will be based on whether or not the agreement is valid.
Since there were no witnesses nor a notary, it is easier to prove illegality of agreement. However, circumstantial evidence can be collected to back up its validity.
There is no guarantee as to what the court will say, and since this question is not asking for legal advice based on the perspective of a particular brother, there is nothing much to be said on that front either.
I hope this answered your doubt,
Thank you
The court will order an investigation into other circumstances surrounding the case because the decision will be based on whether or not the agreement is valid.
Since there were no witnesses nor a notary, it is easier to prove illegality of agreement. However, circumstantial evidence can be collected to back up its validity.
There is no guarantee as to what the court will say, and since this question is not asking for legal advice based on the perspective of a particular brother, there is nothing much to be said on that front either.
I hope this answered your doubt,
Thank you
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A.Dear Client,
B being a signatory of said fake document which is not even witnessed or notarized and also being barred by limitation, his case demanding refund of money after long 7 years is not maintainable and may be rejected by the Court at the time of admission hearing itself.
B being a signatory of said fake document which is not even witnessed or notarized and also being barred by limitation, his case demanding refund of money after long 7 years is not maintainable and may be rejected by the Court at the time of admission hearing itself.
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