Family arrangement-case study
VIJAY K. TEOTIA
(Querist) 02 September 2010
This query is : Resolved
A residential plot registered in the name of grand father, who died 20 years ago. map sanctioned in the name of father and house was constructed about 35 years ago. there are three married sons. now father wants to divide the residential plot among three sons equally. there is no dispute or difference reg share. all sons wants to construct individual houses on their respective shares. for getting map sanctioned from development authority, ownership of plot is essential. for this purpose, a family settlement was executed on back date. but authority refused to recognise it for want of registration. counsel suggested declaratory suit by sons against father. filed, court not inclined to rely upon unregistered family arrangement. what to do.
Rajeev kulshreshtha
(Expert) 02 September 2010
The family arrangement if made previously and only memorandum is written later on than it does not require registration.The apex court judgement cited in AIR 1976 SC 807 will help you.
s.subramanian
(Expert) 02 September 2010
Yes. I concur with Mr.Rajeev.
