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Unregistered Family Settlement

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved 
Dear Sirs,

We had a family settlement in 1992. All 4 sons of my grandfather and my grandmother agreed to sign a family settlement that involved (i) dividing the ancestoral house into 4 equal parts with each son having a piece of divided land; (ii) grand mother having gold jewels for her future survival; (iii) eldest son (i.e., my father) receiving a 2nd house and to be done as a Sale Deed for only Rs.5000, for certain family reasons.

This 1992 Family Settlement was unregistered and remains so even today. Also, the sale deed that gave additional house to the eldest son also remains an unregistered Sale Deed. However, using the unregistered settlement deed/sale deed, all sons have got municipal and other (water/electricity) documents changed in their name and paying taxes for last 18 years. However, land records continue to show my grandfather name in all records and remains unchanged.

Since this date, all 4 sons have moved on and built houses on their respective share and living harmoniously. My father (eldest amongst all as referred above) has expired recently.

My Query revolves around validity of family settlement above:

1. With two of the five signatories (grandmother and my father) expired now and 18 years since execution, is there a reason and is there a way to registered these deeds?

2. Without registered family settlement and sale deeds, can we effect change of title in the land records – for the divided 1/4th share of land for each sons of my grandfather?

3. Also, the house sold to my father under ‘unregistered sale deed’ by other brothers & grandmother?

4. If not, what is the way to transfer title from grandfather to his 4 sons now?

5. With eldest son (my father) expired recently, how can I change the title of land in my name?

6. If not done and continue current status, can I sell the house ever in future?

Please help advise on way forward. Thanks a lot in advance
Devajyoti Barman (Expert) 21 December 2010
1. No need as the famly arrangement deed is compulsorily registrable. Howeer if you still insist then you could do so with the legal heirs of the deceased family members.
2. Yes
3.Yes
5. By applyng for mutation of your name. However this procedure differs from state to state.
6.yes, no problem at all.
s.subramanian (Expert) 21 December 2010
Yes. I agree.


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