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B.C.Angarai (None)     28 December 2013

Wanted urgent legal help please!dear sir, sub: request

Dear Sir,
 
    Sub: Request for legal advice for a small family dispute as mentioned below.
                                                              -----
   About 15-yrs. back, my father-in-law executed a Family-Arrangement-Deed, in the name of his 4-daughters for settling his one ground of approved land in Chennai.  This Deed was signed in front of a Notary Public(by the 4-daughters), and he(Notary Public) told us that the registration  of this Deed is not required and hence we  didn't register the same at that time.
 
    Based on the above Deed, the  4-daughters constructed 4-flats in that land, after getting the CMDA approval, Planning Permit etc. and they have been enjoying 1-flat each for the past 15-years.
 
   Now one of the sister wants to make a Settlement Deed for her flat, in favour of her another sister and register the same.
 
   But the concerned Sub-Registrar is telling that the Unregistered Family Arrangement Deed is INVALID NOW, and it has to be registered  again. Then only, this settlement Deed can be registered, he says.
 
   My father-in-law is alive now(very aged). I would be very  thankful to you, if you kindly clarify the following points:-
   1) Whether  the same old Family-Arrangement-Deed can to be  registered now?
   2) Whether we have to make a new Family-Arrangement-Deed and register it?
   3) Suppose if the father-in-law is now alive now, then what we we can do now?
   4) What are the options available now for registering the Settlement Deed? 
 
   Expecting an early reply Sir.  Thanks.
 
--B.C.Angarai, Chennai. E-mail: bcskal@rediffmail.com
 


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 2 Replies

adv.raghavan (Advocate,9444674980)     28 December 2013

what he (SUBREGISTER)says is correct, Unregistered family settlement or arrangement deed  is not valid, and it does not validate transfer of immovable property, so either he should gift the property or should go for settlement deed now to validate the document.

Laxmi Kant Joshi (Advocate )     28 December 2013

Your father in law is still alive make another family settlement deed and get it registered in the sub-registrar office .

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