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family arrangement and ragistration of partition deed

(Querist) 26 August 2010 This query is : Resolved 
it is a settled position of law that family arrangement or memorandum of family arrangement does not require comulsory ragistration, but how can we conclude that this is a family arrangement not require ragistration or this is a partition deed require ragistration.
Rajeev kulshreshtha (Expert) 26 August 2010
Family arrangement if oral or a document written as memorandum does not requires registration but if you divide or arrange a family property in present through a written document it's registration is necessary u/s 17 Registration Act.
s.subramanian (Expert) 26 August 2010
The law in this regard is as follows:-

Whenever a document records a past transaction,it does not require registration since it is not a document creating or conveying any right in presentai. That is why registration of such a document is made optional. In cases of partition deeds which vest rights in the sharers under that document is compulsorily registrable whereas a partition list which merely records a partition already taken place does not require to be registered.
Devajyoti Barman (Expert) 26 August 2010
The spirit and object of the deed determines whether it is a partition deed or family arrangement. In any case the parties are generally different for those two deeds.
G. ARAVINTHAN (Expert) 27 August 2010
partition can be made only between co-sharers. But Family Arrangement deed can be made by all members of the family
Satyendra Kumar Pandey (Expert) 27 August 2010
In few states of India the memo is required to be registered although section 17 states that registration of such document is required, if written.
In case of oral partition or memorandum registration is not compulsory but to prevent future dispute kindly register it.


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