kona veeranarayana 08 July 2017
Raveena Kataria (Advocate ) 08 July 2017
Hi!
In my opinion, an unregistered settlement deed wouldn't grant one with absolute ownership rights, however it would hold evidentiary value for the court as to the existence of the transaction. So perhaps it could be perfected by paying the necessary stamp duty/fine at the court.
Also, I assume, the law of adverse possession would apply here (that is if the three brothers have been in continuous and uninterrupted possession of the plot for 12 or more years.)
Kumar Doab (FIN) 08 July 2017
It is believed that all of you are all Hindu.
Confirm!
Kumar Doab (FIN) 08 July 2017
The property that devolves by inheritance is of nature;Self Acquired.
The deed should have been registered.
If the Lady had only 3sons as on date of her death, and husband was not alive as on date of her death then hers sons would share equally.
If the deed provides for equal share then there should be No issue.
jyotirmaya behera (advocate) 09 July 2017
An unregistered settlement deed wouldn't hold evidentiary value for the court as to the existence of the transaction. At present without stamp duty ( Stamp Duty Act), the evidentiary value is zero.
In joint family property there have no adverse possession can’t applied and you can’t filed any suit because its time barred.
Now in this stage you can file objection before Board of Revenue if there have any.
Jyotirmaya Prasad Behera
Advocate, Orissa High Court
9132319262
Kumar Doab (FIN) 09 July 2017
Hope you are satisfied.
Kumar Doab (FIN) 10 July 2017
Hope you are satisfied.
kona veeranarayana 10 July 2017
My mother got the property through a registered WILL executed by her father in 1963 and he died in the year 1971.