FAMILY SETTLEMENT

GHANSHAM A. JETHANI (Querist) 09 October 2010 This query is : Resolved
IS IT COMPUSORILY TO REGISTER FAMILY SETTLEMENT TAKEN PLACE BETWEEN BROTHER

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R.Ranganathan (Expert) 09 October 2010
It is better to register the family settlement. It is like partition of the property.

Arvind Singh Chauhan (Expert) 10 October 2010
It si better as suggested by Rangnathan Sir otherwise not necessary as held-

Sec-17(1)(b)- family settlement-partition on basis thereof- registration of-necessity of –A writing which merely recites that there has in time past been a partition- not a declaration of will requiring registration, same being a statement of facts- SC’s ruling referred-UAD-2007-UTT-537.

Memorandum of family arrangement doesn’t require registration- unregistered deed of partition doesn’t bar it’s proving of ascertaining the nature of possession- U.A.D.-2006-CRC-37.

Family settlement not required to be compulsorily registered in terms of Sec-17- UAD-2007-SC-713-Sept.- CLJ-2007(7)-SC-390.

Guest (Expert) 10 October 2010
IT IS BETTER IF FAMILY SETTLEMENT IS WRITEN ON STAMP PAPER OF RS.100/=AND BOTH THE PARTIES SIGN IN FRONT OF WITNESSES AND GET THE SAID DOCUMENT REGISTERED OR NOTORISED.SO THAT THE DOCUMENT CAN BE PROVED IN THE COURS IN FUTURE.THANKS.

James Arun (Expert) 10 October 2010
To avoid future disputes, it is better to get the family settlement agreement registered, especially if mutation of property is involved.

No need to register the actual memorandum prepared after the family arrangement had already been made either for the purpose of record, or for information of the Court for making necessary mutation.

However, if the settlement agreement actually creates or extinguishes any rights in immovable properties, then it is compulsorily registrable. AIR 1976 SC 807