Registration of document
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
is a joint faamily partition document required to be regd in which property is coparcenary.and if such document is not regd then in future if any dispute arise what will be the case.what is value of such doc in eyes of law
Arvind Singh Chauhan
(Expert) 15 September 2011
Supreme court held-
A family arrangement may be even in oral in which case no registration is necessary- registration would be necessary only if the terms of family arrangement is reduced in writing- Non registration thereof and effect there of- If a family arrangement is required registration was not registered, same would operate as complete estoppel against the parties which has taken the advantage thereof.
Querist :
Anonymous
(Querist) 15 September 2011
if regd is not done even them it is estopple? somuch so terms of family settlement are not reduced in wrting but orally..
R.Ramachandran
(Expert) 15 September 2011
Dear Anonymous,
If you really need any legal inputs, the best way to get it is by first stating the real facts and then asking questions.
In the instant case, you have not come up with any facts, rather you are asking some questions based on your understanding of the issue/matter. Please be assured that any answer, which is without knowing the real fact situation, would not be of any help to you.
Raj Kumar Makkad
(Expert) 15 September 2011
Oral terms once accepted by all are equally binding for subsequent period and successors even.
prabhakar singh
(Expert) 15 September 2011
I agree with Mr. Makkad.A partition can take place orally as legally as takes a written and registered.
To meet the law i always advise that let a orally unanimously decided partition be FIRST ACTED UPON ON THE SPOT BY MEETS AND BOUND SO THAT ALL SHARES ARE SEVERED FROM EACH OTHER,AND THERE AFTER LET A MEMORANDUM BE RECORDED IN WRITING ON A SUBSEQUENT DATE CONFIRMING THE FACTS OF ORAL PARTITION,AND SIMPLY GET IT SIGNED BY ALL PARTIES AND NOTARIZED BY A NOTARY.
ALL LIES IN DRAFTING THE MEMORANDUM,VERY ADEQUATE SKILL IS REQUIRED WHILE DRAFTING THIS DEED AS IT MUST NOT SPEAK OF A PARTITION ON ITS OWN RATHER IT SHOULD SPEAK TO ACCOUNT FACTS AND TERMS AND SHARES ORALLY DONE AND ALREADY ACTED UP ON FOR WHICH PARTIES AT A LATTER DATE AFTER THE ORAL PARTITION HAVE DECIDED TO REDUCE IN WRITING THOSE ALREADY ACTED UPON TERMS JUST FOR FUTURE REFERENCE SO THAT NO DISPUTE MAY EMERGE TO TERMS ALREADY ACTED ORALLY.
