Family settlement agreement
sunny
(Querist) 08 March 2018
This query is : Resolved
my dad cousins had a property in which my dads name was not mentioned ..(no name in registry)
but my dads cousins had decided to pay him some share from their property so they have made a family settlement agreement and decided to gave him a share from their property..
1 Agreement which was made was not registered
2 Agreement which was made was signed by all the member (property owner)
my question is that
1 is that document will be consider valid (as it is not registered)
2 my dad is no more so how to transfer my name in that property as per his will(which is registered)
3
Vijay Raj Mahajan
(Expert) 08 March 2018
Get the Will probated from the Civil court first.
After getting certificate of administration from the court get the partition of the property carried out according to the family settlement and the probated Will.
Kumar Doab
(Expert) 09 March 2018
Which personal laws applies in this case or are all involved Hindu?
The said property is in which state?
The beneficiary is in which state?
The property bequeathed in said WILL (Registered) is same as in said unregistered family settlement or different?
Has your deceased father bequeathed any other property also in the same WILL (Registered) other than the property in said unregistered family settlement?
Confirm!
Kumar Doab
(Expert) 09 March 2018
If you father was/is not the owner of property bequeathed in the WILL then IT cannot be disposed in your favor by WILL....
If signatories to said family settlement are willing to come forward to register IT they may.
If signatories to said family settlement are willing to come forward to register new one on same lines narrating old one, they may.
Or they may gift the same land to you.
Recoures that possible amicably may be pursued..
Kumar Doab
(Expert) 09 March 2018
It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.
It is no mandatory to probate the WILL in other areas of Delhi.
Registered WILL is not easily set aside atleast on counts of authenticity.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
Check locally and comply with procedure.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
Thereafter obtain copy of updated mutation records. If WILL is contested it lands up in probate court of pecuniary jurisdiction.
If all parties to the said family settlement agreement are willing they can come forward and register the property narrated IT in your favor…
Dr J C Vashista
(Expert) 11 March 2018
Your father did not have any share in the property, hence the will executed by him (father) is invalid.
Dr J C Vashista
(Expert) 11 March 2018
Unregistered family settlement has no legal validity.
