Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Want to understand Law (Service)     10 August 2017

Selling land on the basis of unregistered family settlement deed on rs 100 stamp paper

Can i purchase land on the basis of Unregistered family settlement deed on Rs 100 stamp paper showing the seller got 100% share in this family asset after the death of parents. The deed is signed by all living heirs


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 August 2017

As per March 28, 2013 of Apex court judgement you can buy the property.

The Supreme Court has said that a document bequeathing a property will remain just a piece of paper unless it is registered or attested by two witnesses to qualify it as a will.

Upholding the finding arrived at by the Punjab and Haryana High Court, the apex court said that a document by Rao Gajraj Singh was neither a transfer of property as the same was not registered as required under the provisions of the Indian Registration Act, 1908 nor was it a will as it was not attested by two witnesses as it should have been done for a will.

Want to understand Law (Service)     10 August 2017

Sorry i didn't understand your answer correctly, do you mean to say that  I can purchase the asset from the seller based on simple unregsitered family deed if the same was attested by 2 witnessess

Nitish Banka (lawyer)     10 August 2017

You cannot buy property on a family settlement deed unregistered as it does not create title, what you may do is asking all the legal heirs to execute a sale deed in your favour.

For more details you may discuss your case further

Regards, 

Adv. Nitish Banka

9891549997

Want to understand Law (Service)     10 August 2017

what about "As per March 28, 2013 of Apex court judgement you can buy the property"  as quoted by Advocated Mr. Rama chary Rachakonda 


 

Kumar Doab (FIN)     10 August 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies

Kumar Doab (FIN)     10 August 2017

The said document could be MoU that is reduced in writing to repeat what the parties ( Family) had already had agreed and have been complying with the terms narrated in said document, even before the execution of family deed and its registration is not required. However it does not suffice to create title...........or interest. 

Kumar Doab (FIN)     10 August 2017

Supreme Court of India Tek Bahadur Bhujil vs Debi Singh Bhujil And Ors. 12. Family arrangement as such can be arrived at orally. Its terms may be recorded in writing as a memorandum of what had been agreed upon between the parties. The memorandum need not be prepared for the purpose of being used as a document on which future title of the parties be founded. It is usually prepared as a record of what had been agreed upon so that there be no hazy notions about it in future. It is only when the parties reduce the family arrangement in writing with the purpose of using that writing as proof of what they had arranged and, where the arrangement is brought about by the document as such, that the document would require registration as it is then that it would be a document of title declaring for future what rights in what properties the parties possess.

 

https://indiankanoon.org/doc/818453/

Kumar Doab (FIN)     10 August 2017

You may also go thru:

Central Government Act Section 17 in The Registration Act, 1908

17. Documents of which registration is compulsory.—(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:— (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

 

https://indiankanoon.org/doc/561156/

Kumar Doab (FIN)     10 August 2017

You may also go thru:

Central Government Act Section 35 in The Indian Stamp Act, 1899 35. Instruments not duly stamped inadmissible in evidence, etc https://indiankanoon.org/doc/176042882/

 

Central Government Act Section 49 in The Registration Act, 1908 49. Effect of non-registration of documents required to be registered.—

 

https://indiankanoon.org/doc/1768154/ 

Kumar Doab (FIN)     10 August 2017

Let the parties ( all legal heirs) may sign the sale deed........... Or let them register the said document. If there is NO dispute, they should agree.

 

Let your own LOCAL counsel as suggested above advise you........... 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register