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Family settlement

(Querist) 17 October 2024 This query is : Resolved 
The unregistered family settlement pertaining to undivided immovable property clearly mentioned that the property is to be equally divided 50.percetage each.
. Query. 5years have passed one of the share holders is refusing to demarcate his share on paper there by denying the other share holder to sell his share to a third party..what is legal way out.
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Quick Summary
This discussion addresses a dispute arising from an unregistered family settlement regarding undivided immovable property. After five years, one shareholder refuses to formalise the agreed 50/50 division, preventing the other from selling their share. While the unregistered settlement may not be directly enforceable, it can serve as evidence in a partition suit. The advice given suggests filing a partition suit, and in the interim, the shareholder in possession may be able to rent out their portion, subject to state rent control laws and potential court injunctions.

T. Kalaiselvan, Advocate (Expert) 17 October 2024
The unregistered family settlement may not be enforceable in court of law if the same has been reduced to writing, however it can be an evidence to conduct a suit for partition.
Therefore it is advisable that the party may file a suit for partition claiming his share in the property on the basis of the settlement agreement
shyam lal (Querist) 17 October 2024
Partition suit means minimum 10years wait. Can the party in-the-time being rent/lease his portion where he is at present living.? Any act/clause to support this move?
T. Kalaiselvan, Advocate (Expert) 17 October 2024
If the property is in his possession then let him first let it out on rent and file the suit for partition.
Advocate Bhartesh goyal (Expert) 18 October 2024
Shareholder can let/lease out the portion of property which he possessed but can not sell unless partition took place.
shyam lal (Querist) 18 October 2024
Expert Goyal thanks for reply. Given the present circumstances My specific question is under which act/clause can one rent/lease out his undivided share of inmovable property
T. Kalaiselvan, Advocate (Expert) 18 October 2024
The undivided portion of property in his possession and enjoyment can be let out on rent or lease if there is no restriction by any court order.
The rent control act of the state is the governing law in this aspect
shyam lal (Querist) 19 October 2024
Kind attention expert Kalaiselvan After renting out the primise what happens when the co share holder obtains a Court injuction
T. Kalaiselvan, Advocate (Expert) 19 October 2024
Then you may have to file a petition to vacate the injunction order on the reasons and grounds that you rely upon, however you may have to file a counter claim for partition and separate possession of your share in the property as per law.
shyam lal (Querist) 20 October 2024
Advocate Kaliaselvan. I am not trying to out smart you ,but your replies create turbulence .firstly you say share holder can rent out the portion in which he is residing. and later injuction order can be passed where in. may have to file a petition to vacate the injunction.
Really very scary..
T. Kalaiselvan, Advocate (Expert) 20 October 2024
I have explained the position of law and also given answers to your subsequent questions accordingly, it is up to you to understand the answers on your own.
When one question is answered you are coming with another hypothetical question, however I answered to the subsequent question as per law, I cannot anser to your speculations or your continuous and plenty of doubts without understanding the answers given in the legal terms.
If you have already engaged the services of an advocate nothing prevents yo from raising all such further questions to clarify all your issues in person.
shyam lal (Querist) 20 October 2024
Very well explained thanks. fault lines with the laws laid down .the courts interpretation one way. The lawyers arguing their point of view. That's the reason it takes years to come to a conclusion.Wish the law was simple as the road signs where in a cyclelist and a motorist could read and follow.
Kishor Mehta (Expert) 02 February 2025
Sri Shyam lalji, with due respect, the property can be rented only if it is exclusively owned. In your case there are co-parcners. The law is very clear in an oral family arrangement all co-parcners should unconditionally agree for it to be legal and binding. Any person using a part of the property can not be said to be absolute owner of that part unless it is specifically agreed by other
co-parcners. Mere posession of a part of the property, for any number of years, does not make one its absolute owner in a joint property.
Kishor Mehta (Expert) 02 February 2025
Sri Shyam lalji, with due respect, the property can be rented only if it is exclusively owned. In your case there are co-parcners. The law is very clear in an oral family arrangement all co-parcners should unconditionally agree for it to be legal and binding. Any person using a part of the property can not be said to be absolute owner of that part unless it is specifically agreed by other
co-parcners. Mere posession of a part of the property, for any number of years, does not make one its absolute owner in a joint property.
Kishor Mehta (Expert) 02 February 2025
Sri Shyam lalji, with due respect, the property can be rented only if it is exclusively owned. In your case there are co-parcners. The law is very clear in an oral family arrangement all co-parcners should unconditionally agree for it to be legal and binding. Any person using a part of the property can not be said to be absolute owner of that part unless it is specifically agreed by other
co-parcners. Mere posession of a part of the property, for any number of years, does not make one its absolute owner in a joint property.

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