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Queston on registered deed

is a unregisterd settlment deed valid in court of law.?
some jugement citation states it is valid in the contect of declaration suit but not on partition while some say it is not. please clarify.
especially, the legal heirs are not aware of this settlement deed made and this is in a hindu family and the person who made settlemnt is not the self earned one and inherited this from her husband after his death intestate



 5 Replies

R.Ramachandran (Advocate)     06 March 2018

Unless one goes through the complete contents of the Settleme Deed, it will not be possible to give a view on the query.

G.L.N. Prasad (Retired employee.)     06 March 2018

Registration or non registraion is not the point.

A partition suit has to be filed establishing joint possession and let the other party present such settlement deed as part of defence and let the court decide on other circumstances and facts in the case.

A sharer's left out option is only through seeking share through court in the form of partition suit.

The date of such deed, mutation in revenue records, the knowledge to other legal heirs are to be decided by the court.

1 Like

Kishor Mehta (CEO)     06 March 2018

Any unregistered document, pertaining to immovable property, is not acceptable as evidence in a Court of Law.

Kumar Doab (FIN)     06 March 2018

The nature of the property that is inherited is self acquired…

Wife has equal share in her husband’s estate/property..being a ClassI legal heir…

The fate of said deed shall be decided by court …

R.Ramachandran (Advocate)     07 March 2018

You are getting multiple replies, as none of them have the benefit of the copy of the settlement deed.  That's why I said that Unless one goes through the complete contents of the Settlement Deed, it will not be possible to give a view on the query.


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