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shyam lal   03 May 2022

Time frame

In a unregistered MoU of Family agreement /settlement in respect to immovable property no date or time frame is mentioned.for execution.
Query.can the mentioned documents be infected by the limitations act or it enjoys the same status of WILL.where in there is no time frame mentioned to execute the WILL.


 1 Replies

Advocate Y.K. Mehrotra (Advocate)     03 May 2022


There is no limitation. One cannot execute without registration.

However, if the family arrangement were already decided upon and the MoU me recorded them then no registration is required. However, registration is compulsory if the MoU is the source of such a family arrangement. Below is the detailed explaination.

  • A Deed of Partition or Family Settlement Deed are the written instruments that may be executed to effectuate partition of property(ies) between co-owners. It is pertinent to mention here that a Deed of Partition is required to be compulsorily registered under the provisions of Registration Act, 1908 and stamp duty at applicable rates is required to be paid on it as per the provisions of the Indian Stamp Act, 1899.
  • The Supreme Court in the category of judgments has held that registration of MOFS is not compulsory. The SC in its recent judgement dated 31st July, 2020 in the matter of ‘Ravinder Kaur Grewal & Ors vs. Manjit Kaur & Ors’ addressed the question regarding the registration of MOFS.
  • In this case, the SC held that in case a memorandum of family settlement is just recording the terms of settlement between the parties that was previously agreed between them then registration of such document is not compulsory as it in itself is not creating or extinguishing any right or title.

    On the contrary, if the memorandum contains the terms and recitals of family arrangement made under that document then registration of MOFS would be compulsory. In the said judgment, SC reiterated the observations of its earlier judgement that a MOFS prepared after family arrangement was already made for the purpose of recording the information or for the information of the court, is not required to be registered.

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