Legal procedure
munshilal
(Querist) 26 September 2018
This query is : Resolved
i seek advice. which of the two document is Legally binding among the signatories & needs to be registered ?(pertaining to undivided family property)
01/- Family settlement
or
02/- Memorandum of family settlement
Vijay Raj Mahajan
(Expert) 26 September 2018
Family settlement is an agreement between the member of the family for proportional division of the family property amongst themselves. In what way this agreement is given title is entirely up to the family. The Memorandum of Family settlement is valid title for the agreement on terms and conditions that can be registered with the Sub-registrar for making it valid document.
munshilal
(Querist) 26 September 2018
@Vijay Raj Mahajan thanks for the reply ,query is if the Memorandum of family settlement is not got registered , then is it still valid.document?
Vijay Raj Mahajan
(Expert) 26 September 2018
Memorandum of Family Settlement with regard to immovable property of the family should be registered.
M V Gupta
(Expert) 29 September 2018
The purpose of executing the memorandum is important to decide the issues posed by you. If the memorandum only lays down the manner in which the property is to be divided, then it does not require registration. If however the memorandum contains the final division of the property by metes and bounds and contains clauses declaring that the possession is taken by parties, then it has to be registered as it amounts to Family Settlement vesting title in the property to the respective parties.. Calling it as memorandum is immaterial for purposes of stamp duty and registration.
munshilal
(Querist) 30 September 2018
Attention Mr. V .K. Gupta (expert) you reply is very much appreciated.--as you say - if the memorandum only lays down the manner in which the is to be divided, -then it does not require registration, point understood , Query--- is this Memorandum legally binding on the parties?
Guest
(Expert) 30 September 2018
Mr. Munshi Lal,
Any academic query results in to several supplementary questions after the replies of the experts one after the other, if not duly associated with any really existing legal problem. Solutions are always with specific reference to the problem. otherwise, any reply to academic query can do, as based on concepts and pleadings.
Any document, whether registered or not registered, if is honored by the family members is valid. Question of binding arises only, if some member/s raise any dispute.
So, where is the use of stretching the thread too far unnecessarily, if you do not describe the real problem?
As such, you may better discuss the real problem, if there is any and also, how the Memorandum or the actual settlement deed have any link with or has become the cause of the problem and also whether anyone or both are duly registered or not.
Otherwise, your confusion cannot get removed appropriately, whatsoever number of questions you may like to pose in response to the replies of the experts.
munshilal
(Querist) 30 September 2018
Mr. Dhingra greetings--my confusion is that since you want me to be specific, I along with my brother signed a memorandum of family settlement unregistered where in 50% share each was decided after sale of the property-but now he refuses to pay nor willing to sell .--what one do in this case.?request advice the property was inherited by virtue of our fathers WILL
Guest
(Expert) 30 September 2018
A Precise and perfect good Legal Advise by Advocate/ Expert Mr. Vijay Raj Mahajan
Guest
(Expert) 30 September 2018
On 18/10/2015 the Honorable Supreme Court had given the Verdict that section 17 (1) of Registration Act mandates that any Document which has the effect of creating and taking away the Rights in respect of immovable property Must be Registered and Section 49 of the Act Imposes Bar on admissiblity of an Un registered Document.
Guest
(Expert) 30 September 2018
Mr. Munshi Lal,
Your query was in respect of the legal binding of and the need for registration about:
"01/- Family settlement."
OR
"02/- Memorandum of family settlement."
Now, while you have given clarification about "Memorandum of family settlement," you have not stated even a single word about the existence of the other document, i.e., the deed of "Family settlement."
So, where was the relevance of asking for any advice on a non-existing document?
Now, you have further stated, "but now he refuses to pay nor willing to sell." When he is not ready to sell, where from the question of his refusal to pay arises, when nowhere you have stated that the memorandum contains any clause requiring him to pay, if not ready to sell?
Please be aware, half baked problem or information cannot fetch any useful solution.
You must have seen that the experts have already given their advice about registration of the document, whatsoever you call that, memorandum OR deed of family settlement. So, even if you now get that registered, you cannot force your wish on your brother to sell the property or to pay you the amount of the cost of the half of the property, as neither your query nor clarification gives even an inkling on that aspect.
About your clarification, I have already given my opinion, provided both of you would have been ready to honour the deal as per the memorandum. But, since your brother is not willing to honour the terms of that memorandum that becomes redundant, ab-initio. In that case, you cannot have any option, except to make a registered settlement deed with your brother,
You may better do one thing, even before getting the existing memorandum registered, get that examined in detail about the legal validity of the terms of the document. otherwise, make a clear registered settlement deed, as may be mutually agreeable to both of you.
munshilal
(Querist) 01 October 2018
Mr Dhingra
except for this simple Memorandum of family settlement there is no other document, stating 50% share each after sale,that is it --- no other terms and conditions,are mentioned
registered or not if the other party does not hon our the document becomes redundant.-as per you -i am not further interested is signing any new agreement-
Simple question , how do i get my share ,
Guest
(Expert) 01 October 2018
You probably forgot that your question was to know something else, but you have drifted to some other issue.
However, very simple for you is to send legal notice to your brother and file a case for partition of the property as a legal heir of your father.
