About family settlement

Teacher

My question is that if a Family Settlement is registered, then does it give selling rights in a Hindu Undivided property without going into partition?

 
Reply   
 

Dear Sandeep,

One cannot sell the property on which one has a legal ownership.  Family settlement is something else.  Unless it is not mentioned what which portion belongs to whom, one cannot sell his portion or share in Hindu Undivided Family property.

 
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Lawyer

Show the family settlement document to your lawyer to ascertain whether you have acquired title of the property which you intend to sell.

 
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Advocate

If in the family settlement title right is given and the right for transfer of title is given then the share holder of the property can transfer by sale.
 
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Teacher

Thank you to all experts who has replied..Since I was getting contradicting replies previously, hence the query in this forum.

The document I am talking about says "Memorandum of family settlement' as the heading, and is signed by all shareholders and witnessed too. Further it says that so-and-so shareholder is ENTITLED to so-and-so portion of the premises. Also it mentions that individual portions can be rented out as per concerned shareholders wishes. But nothing concerning sale is mentioned directly.

So, firstly does such a Family Settlement give selling rights?And secondly I'll be grateful if a supporting citation from any relevant case is provided

 
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Lawyer

Please go through my opinion again and proceed

 
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Advocate

The recital of the settlement deed is to be seen for proper opinion, hence please show the papers to a local lawyer,get his opinion and then comeback if you still have any doubt.

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

On conjoining reading of your query and your subsequent explanation, it is understood that the portions of the property were separately allotted to the sharers by way of alleged settlement deed and so the word       " so and so sharers entitled so and so portion"  was incorporated therein.

Therefore, though the deed is named as settlement deed, it can be treated as deed executed for recording partition effected between the sharers.  Hence, the sharers are entitled to alienate their share as their will and wish.

Moreover, even if the property is not partitioned, there is no legal restriction on the part of sharers to sell out their undivided share of the property. The purchaser can claim partition in the place of vendors/sharers inrespect of the vendors entitled portion.


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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

On conjoining reading of your query and your subsequent explanation, it is understood that the portions of the property were separately allotted to the sharers by way of alleged settlement deed and so the word       " so and so sharers entitled so and so portion"  was incorporated therein.

 

Therefore, though the deed is named as settlement deed, it can be treated as deed executed for recording partition effected between the sharers.  Hence, the sharers are entitled to alienate their share as their will and wish.

 

Moreover, even if the property is not partitioned, there is no legal restriction on the part of sharers to sell out their undivided share of the property. The purchaser can claim partition in the place of vendors/sharers inrespect of the vendors entitled portion.


Total likes : 1 times

 
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