Settlement deed of grandfather property
Sukumar
(Querist) 16 February 2016
This query is : Resolved
My grand father had 3 sons and the whole property was divided in 4 parts t.e for 3 sons and my grandfather. During the division of the land property the oral discussion amongst the four was that the father property will be distributed equally between the 3 sons. But in due course the youngest son wife was expired and my grandfather have gone for the second marriage of the his youngest son and written a settlement deed of 1/3 rd of the grandfathers distributed property on the stamp paper without the concern of the other two sons. And the settlement deed was not registered even today. the whole property was the contribution of all the 3 sons and their father as a joint family. My grandfather bears the pattadar pass books on his name even today. My question is that is that settlement deed is valid without registration. and also all the three sons and their heirs signatures are not there on the settlement deed. What is the life time of the settlement deed without registration. Can I approach the court being a grand son for justice
rajagopal.s
(Expert) 16 February 2016
Oral partition deed is valid. family settlement deed if not registered is also valid.
however your query is slightly confusing.
first you say your grand father partitioned the land amongst his children and himself.that means the property is already divided in to four parts. Please be informed that once a partition is effected, then there cannot be a reunion unless and until all of the family members agree. It is always the case, that once partition occurs, then it is perpetual.
however you also state your grand father has granted 1/3rd of his share to his youngest son which again means out of the partitioned property of grandfather, your grand father has given 1/3rd share to his youngest son.
It is also confusing why your grand father has the patta passbooks. is it for his partitioned property only or is it for the whole of the property ?
Need lots of answers. better to contact a lawyer with case papers.
Kumar Doab
(Expert) 16 February 2016
Oral agreement shall have to be proved.
Rajendra K Goyal
(Expert) 17 February 2016
Oral partition deed is valid and in case of need the same has to be proved.
Author need to reply doubts raised by the expert rajagopal.s.
