Registration of family settlement mou & registration ?
Siddhi Agarwal
(Querist) 01 May 2012
This query is : Resolved
I am told that any family settlement agreement or MOU involving sharing of assets needs to be registered otherwise it can be challenged and declared null & void by court.
Will the learned experts clarify and confirm factual position ?
M.Sheik Mohammed Ali
(Expert) 01 May 2012
yes, you must register your any type of agreement. than only its valid one.
SAINATH DEVALLA
(Expert) 01 May 2012
Dear Agarwal,
Any document unless registered is of no value in the court of law.Hence get the documents registered immediately to avoid any complications in future.
ajay sethi
(Expert) 01 May 2012
if a MOU merely records the family settlement it need not be regsitered .
if however detailed terms and conditions are mentioned in family settle emtn it needs to be registered
ajay sethi
(Expert) 01 May 2012
In AIR 1976 SC 807 Kale & Ors. Vs. Deputy Director of Consolidation & Ors., the
Supreme Court had held that a document which effects a partition in fact creates or
extinguishes right, title or interest in the immovable property and requires compulsory
registration under Section 17 of the Registration Act.
ajay sethi
(Expert) 01 May 2012
In AIR 1996 SC 196 Bhoop Singh Vs. Ram Singh the Apex
Court had held that if a document creates new rights by way of a family arrangement the same
requires compulsory registration.
Adv.R.P.Chugh
(Expert) 01 May 2012
Dear Ms.Aggarwal,
If the document irrespective of whether you call it a family settlment or an MoU or even a Partition - can be effected in a Hindu Joint Family even orally, as all these are release and conveyance. Hence not even a document is required for the same.
However if a document is executed which purports to 'declare' the rights/title/interest of the parties in present, through itself and not merely records what has happened in the past, it is compulsorily registrable.
Roshan Lal v. Zile Singh - 1989 SC
Shonee Kapoor
(Expert) 02 May 2012
You have been rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
