Validity of unregistered document for mutation...

Pran (Querist) 28 February 2015 This query is : Resolved
Respected Sir/Madam,

Does an unregistered “Agreement” or an unregistered “Deed of Settlement” can be used for mutation of names in an Agricultural Land in West Bengal ?

If “NO” then what other kind of unregistered document could only be used for mutation of names in an Agricultural land in West Bengal ?

Please, clarify because my ancestral properties in my village in West Bengal are getting divided and we are performing mutual “Settlement Deed” but will not register it due to some constraints.

Hence, can we do the mutation with this unregistered deed of settlement or agreement ?

Please reply, and thanks in advance…

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Dr J C Vashista (Expert) 01 March 2015
1. The answer is negative.
2. Contact, consult and engage a local lawyer.

malipeddi jaggarao (Expert) 01 March 2015
Better get the settlement deed registered.

Rajendra K Goyal (Expert) 01 March 2015
Unregistered settlement deed is not valid.

R.K Nanda (Expert) 01 March 2015
mutation can be done by registered settlement deed only.

Guest (Expert) 01 March 2015
Only registered document on payment of due stamp duty gets legal recognition.

Pran (Querist) 02 March 2015
Thanks to all for answering my above query.

But, dear sir I have another doubt which I shall request all of you to please clarify it to me.

Is the availability or presence of both the parties (the giver and the receiver) of a settlement deed, "must" in the sub-registrar office for registration ? OR

Can the receiver get the deed registered by himself without the presence of the giver ?

Please clarify... Thanx

Guest (Expert) 02 March 2015
Presence of both the parties is normally required at the time of registration.

T. Kalaiselvan, Advocate (Expert) 04 March 2015
Presence of parties to the registration of the settlement before the registrar is mandatory. The unregistered document is not valid for any purpose including mutation of records, better consult a local advocate for further advises.