Power of attorney

ajay kumar (Querist) 26 March 2015 This query is : Resolved
A notorised family settlement is made where in ratio of share in ancestral property is agreed upon. And in the same agreement it is decided to issue a power of attorney in favour of one of its member to look after the ancestral properties. Subsequently a registered power of attorney is issued in favour of one of its member where in the refernce of the said family agreement is also mentioned.

1) Can the notorised deed of family settlement be challenged in court of law.

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M/s. Y-not legal services (Expert) 27 March 2015
of course. even a registered deed also can be challenged. it is will be according to the fact and case..

Devajyoti Barman (Expert) 27 March 2015
Yes, it can be as settlement deed without registration has no force.

ajay kumar (Querist) 27 March 2015
Thank you Sir four valuble advice.

However one of my family advocate said that
registration of family deed is exempted under
section 17 of registration Act.

It it

Rajendra K Goyal (Expert) 27 March 2015
Family settlement need be registered.

ajay sethi (Expert) 27 March 2015
if it is mere memorandum recording settlement no need to regsiter it . but if in deed of family settlement division of property has taken place t needs registration

kavksatyanarayana Online

(Expert) 27 March 2015
the family settlement deed shall be registered.

T. Kalaiselvan, Advocate (Expert) 30 March 2015
As rightly observed, if the settlement is drawn as memorandum and arrangements made accordingly, it may or may not be registered, but when a settlement deed is executed, without registration it may not gain legal validity when challenged.

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