Apni Law Staff asked 3 years ago
My father had eight siblings, seven brothers, and one sister. They were a close-knit family, with their father dividing the ancestral agricultural land amongst his seven sons. This division was documented and witnessed, but never officially registered. However, one of the brothers, who was adopted by his uncle, now disputes this division, demanding an equal share of the entire property.
Could a division agreement signed by the father and his sons, with witnesses, be legally valid even without registration? Is the adopted brother entitled to inherit from his biological father’s property? And what are the chances of the six brothers, who accept the original division, securing their rightful share?
Best Answer
Apni Law Staff answered 3 years ago
Yes, an unregistered division agreement signed by the father and his sons, with witnesses, can be legally valid under Indian law. The adopted brother may have rights to inherit from his biological father’s property but this depends on the specifics of the adoption and the state law governing it. The six brothers who accept the original division have a strong case to secure their rightful share based on the agreement and the principle of acquiescence.
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