Family settlement

Merely reaching a consensus is not enough; there are a few legal formalities that must be completed to ensure that the agreement is valid. Firstly, the settlement document must be signed by all the family members involved. A missing signature can easily become ground for challenging the document in court at a later date. "In addition, as a safety measure, the document should be attested by two witnesses, though it is not mandatory," The next step is to register the agreement. According to Section 17 of the Indian Registration Act, a family settlement that purports to assign immovable property must be mandatorily registered or the deed would be invalid. A stamp duty is applicable on such deeds and the amount would depend on the valueWhile a duly executed family settlement cannot be revoked, except with a court decree, it can be challenged in a court of law. An agreement that is brought about by fraud or coercion is a case in point. Any misrepresentation of facts regarding the title of the disputed property, too, can lead to future altercations. of the property involved.

dear sir,

           my father has given 5 rooms as to just live..and doesnt pay any rent for it..my father is landlord.

as after dispute betweem father n uncle..father had allowed them to live in 5 rooms for which they do not pay any rent..and my father wont argue for it..but as per family settlement is made between dem,they agreed to pay taxation for the said rooms..as from 2010 they had not paid the tax..so wht action shud we take against him..

              are they liable for it..we r not asking for any rent..and from 2010 taxation has also increased for which we had didnt get any amount from bmc..assesment department...

    kindly guide me with proper guidance...thanks

Q 1.  Is it irrevocable or can the irrevocable clause be added ?

--No it is not revocable. You cannot add irrevocable clause.

Q 2.  Can it be challenged in court of law?

--Yes, definitely.

Q 3.  In the family settlement I get a land does it makes me the legal honour of the land?

---Once it is signed by all the members of the family and it is duly registered in the sub registrar office, you are legal owner of the land.

Q 4.  does a registered family  settlement makes me the owner of the properties involved in settlement  after the signature of the parties involved and the witness (disinterested or interested parties can be witness )?

---Already answered.  Witnesses should be other than family members.

@Sundeep Yadav:  You are absolutely right that all the parties who have right to a share in the properties proposed to partition have to sign the family settlement and get it registered, once it is done, it is irrevocable.  Thus, as per the family settlement, the share of the property that was allocated during partition will become an absolute and exclusive property of the shareholder.  He will be having absolute and marketable title over it.

@ Rajesh: you should use a separate thread to your post your query.  If your uncle did not honor the family settlement and if it was not registered, you may ask him to vacate the property and hand over the vacant possession to you, if he fails to do so, send him a legal notice to vacate.  See how far this will be solved without big quarrels within the family or else adopt the legal measures.

Sir,

thanks everyone for timely advice