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Indira   25 February 2024

Unregistered settlement deed

Hi all,

unregistered settlement deed was executed between total family on stamp papers. The type of property is ancestral property(father side). Is it having legal validity. How can we challenge that document. Because only father kept maximum extent of land and one brother among three is trying to take over all the property of his father. 

How valid the unregistered settlement deed is?

Thank you. 


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     25 February 2024

Even the unregistered family settlement deed is considered as legally valid document when all the members have given consent and signed it.

Hence it is legally enforceable.

Dr. J C Vashista (Advocate )     25 February 2024

Ansectral property shall devolve equally between all coparcerners i.e., father and all his children (sons & daughters).

You can seek partition and possession of the property with mesne profits and perpetual injunction from jurisdication civil court, if there is some discrepancy.

There are two sides of the same coin, you are interested in discarding unregistered family settlement or admitting it to be valid as there are judgments for both sides, which differ on the transfer of title, possession or interest of concerned stakeholder(s) ?

kavksatyanarayana (subregistrar/supdt.(retired))     25 February 2024

An unregistered family settlement for ancestral property is valid when all the legal heirs(including daughters) mutually approve.  But if any dispute among the heirs, they can seek an injunction from the civil court concerned.

Indira   26 February 2024


If the father writes a will of share to only one son, is that will is valid based on this unregistered settlement deed?how much validity is this will have?


Thank you. 

Shashi Dhara   26 February 2024

If it is completed 12years unregistered😂will be legal😄

T. Kalaiselvan, Advocate (Advocate)     28 February 2024

By the viertue of the unregistered settlement deed, father became an owner of the property which was not disputed by any family member.

Hence the Will bequeathing the property subsequently will attain legal validity

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