t.p act
suneesh.k
(Querist) 15 October 2009
This query is : Resolved
in muslims all the members of a joined family reach an agreament to divide their rights in ajoined property .as per the agreament all the members giving their rights one member. whether that agreament leads to partition.if so whether it neads registratin.plese send neasage
Raj Kumar Makkad
(Expert) 15 October 2009
If all other co-sharers have released their share in favour of a single person by way of family settlement then neither it is partition nor it requires registration.Such family settlement if made in writing is correct, however, such settlement should form the shape of civil court decree so as to make it a legal document.
J K Agrawal
(Expert) 16 October 2009
In Muslims law concept of joint family is not recognized. Each person owns his own share. Property is never Joint however it is devolved by succession . It concludes that the transaction is transfer of ones share. Relinquishment is not legal. The transfer is possible by way of sale or gift only.(but to save stamp duty a relinquishment deed will do and it will create estoppel. After 12 year the other co sharers loose some of there rights under law of limitation and after 20 year they loose all rights.
suneesh.k
(Querist) 17 October 2009
sir
i need some more clariffications.whether such an agreement is created for partion of muslim property can we chhallenge its leagal entity as it was neither a partition deed which was exempted from registretin nor it is registred. can you point out any ruling
