Family deed
hrishikesh
(Querist) 03 March 2014
This query is : Resolved
I have been residing along with my 2 brothers Mr X and Mr Y since birth
My Bothers Mr X and Mr Y purchased a property from Joint Family funds in the year 1999 and the same was duly registered.
Consequently I was inducted as one of the Co-owners in the Property in the Year 2001, however, this being a family arrangement the same document/deed was never registered.
Now, Mr X has filed for a Partition Suit and sub-division of the plot claiming 50% share over the property and denying any knowledge and existence of the family agreement thereby depriving me of my rightful share on the Property.
Mr Y has recognized the Family agreement of 2001 and is ready to give the same in writing if need be.
Please advise what legal options are available.
ajay sethi
(Expert) 03 March 2014
you must be a party to the suit . if you have been duly served file your written statement mention that as per family arrangement you have 1/3rd share in family property . According to Section 17 of the Indian Registration Act, a family settlement that purports to assign immovable property must be mandatorily registered or the deed would be invalid. A stamp duty is applicable on such deeds and the amount would depend on the value of the property involved.
Rajendra K Goyal
(Expert) 03 March 2014
The family settlement is not registered, however you should claim your share. Consult a local lawyer.
R.K Nanda
(Expert) 03 March 2014
agree with experts.
hrishikesh
(Querist) 03 March 2014
Now how to register the same deed. As there is dispute and mr x wants his 50 percent share. While mr y still abides the deed and also has given me in writing ,that I am also the co owner and he is even willing to register , but mr x has an objection . How to proceed.?
hrishikesh
(Querist) 04 March 2014
any suggestions?
hrishikesh
(Querist) 04 March 2014
Need assistance..
ajay sethi
(Expert) 04 March 2014
it cant be registered now after 12 years . maximum period for registration is 8 months with penalty .
hrishikesh
(Querist) 04 March 2014
So what needs to be done mow, Can I file a suit in city civil court as one of the co owner is not denying my share. Need an expert advice.
ajay sethi
(Expert) 04 March 2014
file suit for partition
Advocate Ravinder
(Expert) 04 March 2014
Irrespective of the family arrangement you can claim your 1/3rd share of the property (Plot). It is better to contest the suit rather than going with unregistered family arrangement.
