Validity of family settlement
munshilal
(Querist) 11 October 2018
This query is : Resolved
a family member died after signing a MoU of family settlement,(unregistered) pertain g to undivided family property .- query is what is the Legal status /validity of the family settlement in this case?
this is not a academic question , .a reply would be highly appreciated
Isaac Gabriel
(Expert) 11 October 2018
Better register in the registrar office as partition deed so that any dispute could be avoided in future.
Dr J C Vashista
(Expert) 12 October 2018
Whether the MoU pertain to ancestral or self-acquired, movable or immovable property and who (relation e.g. brother/sister etc. etc.) are the parties to the MoU?
Generally it is invalid.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
munshilal
(Querist) 12 October 2018
Dr J,C.Vashista (expert)
Sir, as per your reply, my understanding is since the family member died , the MoU in question stands invalid? correct me if i am wrong'
regards
Guest
(Expert) 12 October 2018
MoU in favour of whom and what were its contents? Please make clear.
munshilal
(Querist) 09 November 2018
Dhingra ---expert
Greetings - the MoU of family settlement in question was signed among four family members, wife & three adult siblings & agreed divide ,shares 0f 25% each 0f the undivided property , as the husband did not leave a WILL
the contents of MoU are simple & clear -the
now need your expertise ,in this situation does the MoU stand valid /Legal binding on the rest of the co-shares ?
Sri Vijayan.A
(Expert) 28 March 2020
I assume the deceased member is not the mother of other three heirs.
Does the legal heirs of deceased heir challenge the unregistered partition?
If so, go to Court for declaration of the partition as valid one.
If they are not challenging, go to Sub Registrar office, make a new partition deed duly incorporating the new members as parties. Get the deed registered.
That's all.
