Registration
Adv M.D.Azhar
(Querist) 02 February 2013
This query is : Resolved
sir while making family arragment the document by which the family arragment is necessary to be registered or non judicial stamp of rs 100 is necessary to use or it can be arranged on the 20 rupees non judicial stamp which is unregistered?
Raj Kumar Makkad
(Expert) 02 February 2013
If the family arrangement has to take a legal shape at any later stage then it is better to frame the same on a non-judicial stamp paper of Rs. 100/-.
Advocate Bhartesh goyal
(Expert) 03 February 2013
As per sec 17 of Registration Act,the document of family arrangement/settelment is compulsory registrble.
Raj Kumar Makkad
(Expert) 03 February 2013
It is well settled that registration would be necessary only if the terms of the family arrangement are reduced into writing. Here also, a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the court for making necessary mutation. In such a case memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17 of the Registration Act and is, therefore not compulsorily registrable –Kale v. Dy. Director AIR 1976 SC 807.
The family arrangement will need registration only if it creates any interest in immoveable property in present in favour of the party mentioned therein. In case however no such interest is created, the document will be valid despite its non-registration and will not be hit by section 17 of the Indian Registration Act, 1908. Maturi Pullaih v. Maturi Narasimhan AIR 1966 SC 1836.
Even a family arrangement, which was registrable but not registered, can be used for a collateral purpose, namely, for the purpose of showing the nature and character of possession of the parties .In pursuance of the family settlement. Kale v. Director of Consolidation AIR 1976 SC 807, (1976) 3 SCC 119.
Adv M.D.Azhar
(Querist) 09 February 2013
thanks a lot raj kumar sir.
