Family deed
Rakhi
(Querist) 10 June 2015
This query is : Resolved
Reapected Sir
My query is that is a family settlement deed considered a legal document?
If we have a family settlement deed duly notarised - according to which my husband had given his property to his mother...can that document be presented in DDA to show that the flat has been given to mother and does not belong to son.
It is not registered but is notarised.
It was also made in Jammu court....will that document be valid in DDA ?
J K Agrawal
(Expert) 10 June 2015
Family Settlement is always a valid documents but its wording play a vital role to determine the nature of document. it may be a partition deed, it may be relinquishment deed, it may be a release deed, it may be a gift deed or even a sale deed. The documents which generally known to be a 'family settlement' generally found some other. To draft a family settlement is an artistic work and it should be kept in mind that it should not travel in any of said documents.
Any way, I trust that you have a family settlement. If it is acted upon by parties by their conduct, it requires no stamp duty nor registration. The reason is that family settlement can be even oral and it is the memorandum of oral and actual settlement.
But is it always tough to get entertained the unstamped and unregistered document which changes rights in immovable properties. Such a document requires stamp duty and registration. Again The both defects are curable.
Further the words Jammu and Delhi again create doubts. The execution of document at Jammu for property at Delhi is not barred by law but the stamp duty of Jammu as well as of Delhi is payable.
You have a tough case in your hand.
Rajendra K Goyal
(Expert) 11 June 2015
The document regarding relinquishment of right in the property need be registered. However show the document to local lawyer, regarding its actual language.
