Declaratory suit
VIJAY K. TEOTIA
(Querist) 01 September 2010
This query is : Resolved
Is it necessary to get a decree from a civil court based on a family settlement. can the court dismiss the declaratory suit on the basis of unregistered family settlement. in absence of registered family settlement, can the beneficiaries be denied ownership of its share.
Devajyoti Barman
(Expert) 01 September 2010
No in both circumstances. To establish inheritance no deed is required. Any deed in this respect avoids the dispute over the amount of share.
Daksh
(Expert) 02 September 2010
Vijay,
The answer to your query relates to evidentiary value of the unregistered family settlement (in view of the provisions of Section 17 and 49 of the Registration Act) further the only hitch is once the unregistered document is produced before appropriate court/authority the same is subject to impounding and recovery of stamp duty charges but at the same time there is no bar on the court from denying the beneficiary/ies there right as rightly observed by our brother collegue Mr.Devajyoti Barman.
Best Regards
Daksh
VIJAY K. TEOTIA
(Querist) 06 September 2010
Sir,
On this subject opinions are conflicting. As i understand through your opinions, unregistered family arrangement has only evidentiary value and stamp duty may be demanded, further no right can be claimed. other colleague says that if oral settlement was earlier done and later on only memorendum signed there is no need of registration. pl clarify
