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kona veeranarayana   08 July 2017

Validity of settlement deed

My mother distributed house site(received from her father) to her 3 sons through a settlement deed(unregistered) in 1994 on Rs.50/- stamp papers. Is it valid now? Please clarify


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 7 Replies

Raveena Kataria (Advocate )     08 July 2017

Hi!

In my opinion, an unregistered settlement deed wouldn't grant one with absolute ownership rights, however it would hold evidentiary value for the court as to the existence of the transaction. So perhaps it could be perfected by paying the necessary stamp duty/fine at the court.

Also, I assume, the law of adverse possession would apply here (that is if the three brothers have been in continuous and uninterrupted possession of the plot for 12 or more years.)

Kumar Doab (FIN)     08 July 2017

It is believed that all of you are all Hindu.

Confirm!

Kumar Doab (FIN)     08 July 2017

The property that devolves by inheritance is of nature;Self Acquired.

The deed should have been registered.

If the Lady had only 3sons as on date of her death, and husband was not alive as on date of her death then hers sons would share equally.

If the deed provides for equal share then there should be No issue.

 

jyotirmaya behera (advocate)     09 July 2017

An unregistered settlement deed wouldn't hold evidentiary value for the court as to the existence of the transaction. At present without stamp duty ( Stamp Duty Act), the evidentiary value is zero.

In joint family property there have no adverse possession can’t applied and you can’t filed any suit because its time barred.

Now in this stage you can file objection before Board of Revenue if there have any.

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

Kumar Doab (FIN)     09 July 2017

Hope you are satisfied.

 

Kumar Doab (FIN)     10 July 2017

Hope you are satisfied.

kona veeranarayana   10 July 2017

My mother got the property through a  registered WILL  executed by her father in 1963 and he died in the year 1971.


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