FAMILY SETTLEMENT CASE
Querist :
Anonymous
(Querist) 06 December 2010
This query is : Resolved
Hello Sir,
My father-in-law had bought the property share of his brother through the family settlement in 2006.He gave the money consideration for this with whom his brother was satisfied then. But after 2 years he filed a case against him saying that (1)he didnot sign the settlement deed(while his then advocate and witnesses are saying that he did)and (2)that it was not registered. We have all the papers for proving our case. We have won the case 2 times already and his pettition has been rejected. but Then In District Court we lost it. Now under Revenue Board Lucknow,we are seeking for "stay order" this time. Please tell me how to best handle the case. Is our case strong? By any chance,can my father-in-law transfer/sell the property during the case is still in proceeding. My father-in-law is a very good person. He has done everything for his brother that only a parent could do.but now, his brother has become greedy and selfish. It does hurt his sentiments and health.
Khaleel Ahmed Mohammed
(Expert) 06 December 2010
You have not furnished the required details of which cases you have won. Which case you have lost.Where as the matter once decided in civil court, how can you approach to the revenue board to get stay?
A V Vishal
(Expert) 06 December 2010
Unfortunately in your case the settlement deed is unregistered and without proper stamp duty and hence can not be admitted as primary evidence but only as a collateral. As suggested by Mr Khaleel, in absence of complete details it is difficult to form an opinion and advise.
Querist :
Anonymous
(Querist) 06 December 2010
Thanx to both of you for taking interest here.
Let me add: in 05-04-2007 S.C held in
M.Venkataramana Hebbar(D)by LRS v/s M. Rajgopal Hebbar and Others
that FAMILY SETTLEMENT IS NOT REQUIRED TO BE COMPULSARILY REGISTERED.
Sec. 17 of Indian Registration Act also says so.
let me tell you the details of the case:
the case first went to Tehseeldar in TEHSEEL Suar, district Rampur U.P. where the case held in our favour. Then the oppo. party filed another appeal in SDM Court where also their appeal was rejected (as f.sett. deed need not to be registered and on other legal grounds as the time of award was 90 days but the opposite party took 22 months to appeal against the family settlement. Also that the presence of the other party was recorded and witnessed while the deed was made. The then lawyer of the oppsite party and the witnesses for both sides are also saying so.)then the third time the appeal was filed by the oppo. party before MURADABAD commissioner (aayukat) where he got stay order and the case proceeded and held in his favour on one basis that the deed needed to be registered. Now, we have appealed in Board Of Revenue, Lucknow (which is the next plateform to appeal in this case)
we are still waiting for stay order.
just to add, since 2006 when the deed was made, my father-in-law has the possession of the land and practicing farming on it. and The opposite party lives in other State(not in U.P.)since the begining. All our reletives know the reality but the opposite party doesnot care about the shame at all.
Now as you have all the details, plz advise me.
A V Vishal
(Expert) 06 December 2010
Mr Anonymous
I am of the thought that the judgement has been misinterpreted by you.
Querist :
Anonymous
(Querist) 06 December 2010
Would you mind to explain?
A V Vishal
(Expert) 06 December 2010
According to your opinion FAMILY SETTLEMENT IS NOT REQUIRED TO BE COMPULSARILY REGISTERED. However on perusing the judgement in the case law cited by you, both the High court & Supreme court held that The said deed of family settlement dated 30.3.1973 not being registered, was inadmissible in law.
Querist :
Anonymous
(Querist) 11 December 2010
Thnx for the reply. what if the deed is registered and the thing to prove is that the signatures were not fake. Under which sec. of evidence Act it falls?
