Partition suit

Querist : Anonymous (Querist) 15 April 2011 This query is : Resolved
My father has one property and mother has three properties in Delhi. We are 4 brothers and sisters. During his lifetime my father gifted his property to eldest son without consent of mother. immediately two sisters filed a suit for partition claiming their share from the family properties claiming them to be from joint family funds which is false as they are and have always been self acquired properties. My father submitted all income tax papers mentioning that there was no HUF or joint family funds. Meanwhile my father passed away and one sister came out of the array of parties saying that she wants out but expects her share in an eventual settlement as and when arrises the opportunity.
My mother proposed a compromise as she wants to end the family feud and join the family. A joint application under UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECORDING OF COMPROMISE BETWEEN THE PARTIES ALONGWITH AFFIDAVITS.She claims also that she accepts that the properties are self acquired by my parents. It will be submitted by my sister to the honorable court. Is this a final end to our miseries? Can anyone arise and create more trouble for us? My mother will Will a property to me thereafter. No one can contest the same? Will a court decree be required and what is the stamp to be paid? is it a fixed amount or a percentage? Kindly suggest a definitive solution which cannot be appealed or contested in court. Is a family settlement still required or this is final. Thanks for your help all of you.

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R.Ramachandran (Expert) 15 April 2011
If it is a compromise decree passed by the Court in terms of Order 23 Rule 3 r/w. Sec. 151 CPC, and if all the interested persons are parties to the Petition, then it will be quite safe and free of future problems. Once a compromise decree is passed by the Court, then there is no need for any separate family settlement. Once a compromise decree is passed and the property is divided in terms of the said decree, thereafter your mother can do anything that she likes with her share of the property. If she WILLs it in your favour, then it would be better to get the WILL registered. Registration of WILL would not involve only a nominal stamp duty. The WILL whether un-registered or registered can always be contested. However, the chances of proving the genuineness of the registered WILL is quite easy compared to an un-registered one.

Querist : Anonymous (Querist) 15 April 2011
I thank you Mr. Ramachandran for your kind advice. Is there any stamp duty paid to get a compromise decree? and if so what percent is it? Thanks

Naresh Kudal (Expert) 15 April 2011
No stamp duty for compromise decree.

niranjan (Expert) 15 April 2011
if compromise decree creats interest in the property it requires registration.

Querist : Anonymous (Querist) 18 April 2011
Thanks. My brother had the gift done during the lifetime of my mother. I will be receiving the funds from a property belonging to my mother from the sale. If she does not sell the same then it comes to me in the Will (Registered). Are you sure there is no stamp duty for a compromise decree? Later do we have to get it registered ? if so what is the stamp duty? is it a percentage as per circle rate of property? If registered can the mutation be done straight in my name of my portion to avoid any further attacks?
Thanks for your valuable advice

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