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divya pratap singh nimesh (00)     19 May 2017

Family settlement/partition without any dispute between part

Hello friends....I have sm querries regarding the legal issues for helping my friend Dev. I request u to give ur precious advice. Pls give Ur invaluable views upon this case. Kindly refer this: Parties introduction : Principal parties are Dev Kumar and his aunt Leela Singh (also step mother of him). A, B and C are the biological son of Leela Singh. Dev Kumar and his one syster "D" r biological son and daughter of his deceased father (Hukum Singh) and deceased mother (Radha Singh). Subject matter is the house of 400 sq yard which has been bought by Dev's father Hukum in 1993 I.e. 24 years ago. (At the tym only the plot of 400 sq yard has been bought and house has been erected by the father of Dev in 1993.) Facts and situation: (1)..After death of his wife(Radha) in 1994, Hukum has married to his younger brother's(Y's) wife Leela singh which had already 3 sons A, B and C referred in above. (2)... Y(younger brother of hukum and husband of leela)has been expired 1 year before Radha. (3).. after that both Hukum Singh and Leela Singh has solomenized marriage in 1995. (4).. There r no issues(children) from the union of Hukum and Leeka. Hukum also expired in the year 2000. (5).. Now both main parties that is Dev and his aunt(step mother) are ready to family settlement regarding the property b/w themselves. (6).. There is no registry or sale deed I.e. property is not registered but the parties are living in the house without objection from outside world since 24 years. (7).. Dev's economic condition is much poor that he can not registered the property (property is unregistered). (8).. All the bills I.e. electricity, house tax are coming in the name of leela singh after death of hukum singh means from 2000. Ques which is to b determined is (a).. Hw that property is divided or through what mode/deed/document family settlement may b done .......so that Dev can sell his part of house easily? (b).. Whether it is sufficient that term of settlement b reduced in writing in stamp paper of 500/1000 denomination. So that Dev on the basis of that stamp paper can effectively sell is part of property? (c).. Given again that Dev is the biological son of his father hukum (hukum has bought that property). And because there is no dispute b/w both parties and they r willing to do family settlement. (D).. Whether Terms of settlement on stamp paper signed by both the parties and 4 witnesses ll have force or not? (e).. Given again it is not the transfer bt family settlement determining the title of both parties to their respective part of property. (f).. Hw can effectively b family settlement b done outside court...so that Dev can sell his part of property. In totality the ques is through what mode/modes Dev can effectively cause the settlement b done so that ..on the bases of that mode Dev can sell the property


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