Unregistered family settlement document (partition)
Girish HP
(Querist) 06 December 2023
This query is : Resolved
My Grand Father has 3 brothers, He and his Brothers (total 4) in 1989 executed a Family Partition Settlement on a One Rupee Stamp Paper, with the signatures of all Family Members.
The Document is not registered.
Since then, till now, all 4 families are in ownership of the properties as partitioned in that Family Settlement.
Now my Grandfather and 1 of his Brother has expired.
I Dont have the original copy of the Family Settlement Agreement and i only have a Xerox Copy.
I had thought the registration of the document is compulsary and will happen in future without fail, but recently 1 of my Grandfather's Brother sold a property of his share, he said there is no need of registration of a family settlement if all the family members have agreed to it. So he is not agreeing to register the Document.
In this Situation, where my family is not agreeing for the registration of the Family Settlement, and i only have a Xerox Copy of the Family Settlement:-
1. How to get my xerox copy of the Family Settlement validated (like Notary, or is there any provision where any other authority would certify it?)
2. Is registration not necassary in the above case
T. Kalaiselvan, Advocate
(Expert) 06 December 2023
There are various judgments that the family settlement deeds need not be executed by a registered document alone and it is not even mandatory when it is produced as evidence before court.
When All the Family Members Approve of the Agreement: An Unregistered Family Settlement Admissible In Evidence Only
Supreme court also has given verdict that:
A family settlement is admissible in evidence provided that the agreement is confirmed with approval of all family members who firmly support resolution given in the agreement at a later date which does not require registration.
Therefore you also can proceed without registering the settlement deed.
Girish HP
(Querist) 07 December 2023
Thank You @T. Kalaselvan Sir for your reply.
So i will proceed with the Unregistered Document, but i dont have the Original Document, i have xerox copy of it, Is there any way to get my Xerox Copy Certified (like Notary)??
Girish HP
(Querist) 07 December 2023
Thank You @T. Kalaselvan Sir for your reply.
So i will proceed with the Unregistered Document, but i dont have the Original Document, i have xerox copy of it, Is there any way to get my Xerox Copy Certified (like Notary)??
kavksatyanarayana
(Expert) 07 December 2023
A family settlement is admissible in evidence provided that the agreement is confirmed with the approval of all family members who firmly support the resolution given in the agreement at a later date which does not require registration. You can get a Xerox Copy Certified by a Notary but the certified copy is not necessary.
T. Kalaiselvan, Advocate
(Expert) 08 December 2023
Even oral family settlement agreement is valid.
Thus if there was an oral family agreement among the family members and the same is supported by family members, then it is valid.
However since you do not have the original unregistered family settlement, better you can term it as an oral family settlement agreement and can get the other family members to resolve to confirm the settlement
Girish HP
(Querist) 11 December 2023
Thank You @T. Kalaselvan Sir for your reply.
Girish HP
(Querist) 11 December 2023
Thank You @kavksatyanarayana for your reply.
kavksatyanarayana
(Expert) 11 December 2023
Welcome sir.................................
