Use of family settlement document at the time of 1983
CH HIMAGIRESH
(Querist) 24 January 2016
This query is : Resolved
Sir,
I am Giresh. I want to make clarification about my mother's ancestral property.In my mother side family,they have five members(2 brothers,3 sisters).My mother's father died before 1983.After that their family members made a family settlement in the presence of stamp vendor.In that document they mention my mother's name also and we have duplicate of that document.
Now coming to my query ,how far it is helpful to my mother to take advantage.
sir please kindly repond.
Devajyoti Barman
(Expert) 25 January 2016
If family settlement is there you mother can claim her share as per terms of the said deed.
What is the difficulty?
P. Venu
(Expert) 25 January 2016
Is the settlement deed registered?
CH HIMAGIRESH
(Querist) 25 January 2016
To
Devajyoti Barman sir
I read that recent Supreme court judgement about Hindu succession.Daughters don't have any right in ancestral property whose father died before sep,2005.
CH HIMAGIRESH
(Querist) 25 January 2016
To
P.Venu sir,
Sir document is not registered.But they wrote on 1 Rs stamp paper,stamp vendor of visakhapatnam signed on that at 1983 and all family heads did signatures on that.
Adv. Yogen Kakade
(Expert) 25 January 2016
If the said document is not registered then it doesn't have authentication and it can be challenged easily.
CH HIMAGIRESH
(Querist) 25 January 2016
sir ,
is there any alternate
Kumar Doab
(Expert) 25 January 2016
It might be possible to still, claim it as be MOU.....................provided it is agreed upon..................or established.
Even an oral agreement needs to be established and proved.
Rajendra K Goyal
(Expert) 25 January 2016
Consult local lawyer and show him all the document for alternate.
H.M.Patnaik
(Expert) 25 January 2016
Yes , you have to go for assistance of an experienced civil lawyer of your locality to pilot your case.
T. Kalaiselvan, Advocate
(Expert) 30 January 2016
If it was a partition deed, then it can be acted upon by seeking partition and separate possession of the property, if it was a settlement deed, then it has no legal validity if it was not registered.
However show the documents to a local lawyer and get a first hand information and opinion properly
Kumar Doab
(Expert) 30 January 2016
Finally you may approach an able counsel with all record that you have in your hands to proceed further.
K.S.Srinivas
(Expert) 04 February 2016
The settlement deed should have been registered. However, consult an experienced lawyer dealing with property matters and act accordingly.
