Transfer share of immovable property
shyam lal
(Querist) 17 June 2023
This query is : Resolved
As per undemarcated non registered family settlement pertaining to my share of immovable property i wish to transfer the rights/tittle in favour of my daughters name.
Query what is the simple legal procedure/document besides Will that i must Initiate.
kavksatyanarayana
(Expert) 17 June 2023
As per the Karnataka High Court judgment, the Court here relied on the case of Ramgopal vs. Tulshi Ram and Others wherein it was held that it was possible to have a verbal family arrangement and it would not require registration. However, when the same has been reduced to words, registration would become mandatory. In your case it is not a verbal agreement but only unregistered and undemocratic and so it should be registered and now you cannot transfer your share in my opinion.
T. Kalaiselvan, Advocate
(Expert) 17 June 2023
Firstly you get your share in the property by a proper legal procedure, after which you will be having clear title over your share in the property.
You can then think about transferring your share in the property to your daughter either by a Will or a conditional gift settlement by retaining life interest in the property.
shyam lal
(Querist) 18 June 2023
T Kalaiselvan expert..my query is exactly what you are suggesting. What is the proper legal procedure.kindly let me know.
Dr. J C Vashista
(Expert) 18 June 2023
A family settlement made orally and acted upon based on the oral settlement in the past but recorded subsequently in the form of a Memorandum, needs no registration. In such a case, the memorandum of family settlement prepared on the basis of previous oral settlement which has already been acted upon, does not require compulsory registration under the Registration Act. Such an unregistered family settlement deed is admissible in evidence, as well (Munna Lal (Dead) By Lrs. And Ors. vs SurajBhan And Ors :AIR 1975 SC 1119
The Supreme Court (SC), in its judgment in Ravinder Kaur Grewal v Manjit Kaur decided on 31st July 2020, says the settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, such arrangement ought to be governed by a special equity peculiar to them and would be enforced if honestly made.
The courts are in favour of upholding a family arrangement instead of disturbing it on technical or trivial grounds.
T. Kalaiselvan, Advocate
(Expert) 19 June 2023
Te author nowhere in his question has stated that it was an oral or verbal settlement, he has clearly mentioned that it was an unregistered settlement deed.
Therefore the provisions of law suggested by many experts above in respect of oral partition or family settlement or arrangement may not be applicable to this situation.
Therefore it was advised that the share of the father in the property has to be acquired by him through a registered partition deed subsequent to which he can transfer his share of property by executing a registered conditional settlement deed in favor of his daughter, as desired and the condition would be that he would retain life interest in the property, so that he can enjoy the property till his lifetime after which the beneficiary can acquire the possession for enjoyment thereafter.
Dr. J C Vashista
(Expert) 19 June 2023
Registration is needed only when a document creates some rights. When any document of settlement which creates or extinguishes some rights or even enlarge or limit it, it cannot escape the process registration as per Section 17 of the Registration Act, 1908.
