Mumbai Flat Inheritance Dispute - How To Legally Protect Family Settlement Terms In Release Deed?
(Request the community to please guide into this matter. I'm very much thankful to everyone in advance)
I (M25) live with my mother in a flat in Mumbai. My grandparents originally occupied this flat around 1970. They had 4 children (2 daughters and 2 sons, including my father and uncle).
After marriage, both daughters moved out. My father and uncle later purchased another flat together in the same society (B Wing), but it was registered in my uncle's name. My grandparents verbally stated that the original flat (A Wing) would eventually go to my father. My uncle also reportedly acknowledged this in front of society members.
Unfortunately, both my father and uncle have now passed away. The A Wing flat was never transferred to my father's name.
My uncle's sons are now saying that legally the flat should be divided equally among the 4 branches/heirs (25% each).
After discussions, the extended family has verbally agreed to the following:
• Possession of the flat will remain with me and my mother.
• During redevelopment, rent/corpus compensation will be received entirely by me and my mother.
• If the flat is rented out, the rental income will belong entirely to me and my mother.
• Any additional area received in redevelopment will be divided equally among all shareholders.
• My father and now I have been maintaining the flat for years.
The issue is that the other side's lawyer says these terms cannot be put into a Release Deed and that only an MoU/Family Arrangement can be signed. He also says such an MoU may not protect us if the matter later goes to court.
My questions:
• Can these conditions be legally incorporated into a registered Release Deed, Family Settlement Deed, or any other document?
• What is the strongest legally enforceable document for such an arrangement?
• Can a clause be added that if any party later challenges the settlement or breaches these terms, they lose/relinquish their share or rights?
• Should the settlement be registered and stamped to make it more enforceable?
State: Maharashtra (Mumbai)