Family settlement and relinquishment deed executed in court but could not registered
sandeep
(Querist) 24 March 2012
This query is : Resolved
Dear ALL,
I would like to share your knowledge and experience in our case.
Our house was made in 1974 and registered in name of my uncle but the amount of construction was equally spent by my father and uncle.
We are living on the ground floor of said property and he is living in 1 floor of said property.
In 1996 due some problem between both the brother's they entered in to a Family settlement deed duly signed by both the parties as well as 2 evidence in the court.Said deed was also executed in the court of Sub Registrar,but due circumstances later on it it couldn't be registered.
My uncle also made a Relinquishment deed duly signed by him and 2 evidence,as per which there was no legal right of his in our ground floor where still we are living since 1974.As per Relinquishment deed it is very much clear that the cost of land and construction had been equally spent at that time.
But again said deed also couldn't be registered.
Now he is threatning us to take us to the court for eviction ,and every day we are in pain and lot of sufferings.
Kindly advice whether above mentioned 2 documents(deed) are enough, so that we may also fight against them in court.
Also kindly advice the future course of action which is required.
ajay sethi
(Expert) 24 March 2012
family arrangement need not be stamed and registered
if it merely records the family settlement arrived at between the parties . the document has to be scrutinised on basis of wordings contained in said document as to whether it requires to be stamoped and registered
the relinquishment deed is required to be compulsory registerable under section 17 of registration act .
ajay sethi
(Expert) 24 March 2012
In Tek Bahadur v. Debi Singh and Ors. the Constitution Bench of this Court considered the validity of the family arrangement. The question was whether it is requiresd to be compulsorily registered under Section 17. This Court, while upholding oral family arrangement, held that registration would be necessary only if the terms of the family arrangements are reduced into writing. A distinction should be made between the document containing the terms and recital of family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of record or for information of the court for making necessary mutation.
In such a case, the memorandum itself does not create or extinguish any right in immovable properties and therefore, does not fall within the mischief of Section 17(2) of the Registration Act. It was held that a memorandum of family arrangement made earlier which was filed in the court for its information was held not compulsorily registrable and therefore it can be used in evidence for collateral purpose, namely, for the proof of family arrangement which was final and binds the parties.
Adv.R.P.Chugh
(Expert) 24 March 2012
Dear Mr.Sandeep,
A Family Arrangement indeed requires no registration as it merely is a working arrangement of how the co-owners live together. In the present case you can use the family arrangement to assert that there had been a partition of the property before family arrangement, and the family arrangement merely recorded that. (Note : A partition in Hindu Family can be effected orally), after which you entered into your portion of the property and your uncle his.
As regards relinquishment deed - it is compulsorily registrable - however it can as per S.49 proviso - be still be used for the collateral purpose of ascertaining the nature of possession. This relinquishment deed in itself would not extinguish his rights but since we'd already be pleading partition, this can corroborate that and can be used for proving seperacy of possession since long.
I know all this is legal jargon, i've tried simplifying - consult a local lawyer, file a suit for preventive/permanent injunction seeking to refrain him fro interfering with your peaceful possession.
Raj Kumar Makkad
(Expert) 24 March 2012
Nothing seems to be added in the detailed reply already provided by both experts.
SAINATH DEVALLA
(Expert) 25 March 2012
Dear Mr.Sandeep,
You have been aptly replied and adviced by both Ajayji and Bharatji.Today what is the reason for your uncle to act in such a manner,I feel there are some other complications,which you have not disclosed.
