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Author Topic: Family Settlement deed  (Read 1436 times)

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Offline satishchandrat

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Family Settlement deed
« on: December 07, 2017, 02:28:55 PM »
We are a hindu family from Telangana and My family has me(brother), sister, mother and father.
I am an NRI(married) and my sister(married) lives in India.
My father expired in 2014. Disagreement and issues cropped up on property distribution.
After many discussions in 2016, we agreed for property distribution into 3 shares
(Me, mother and sister ). As per this agreement, I get my share of 6 acres of agricultural land
and 2/3rd portion of my fathers share in a commercial building.

We all signed a MOU of family settlement, on a Rs.100 stamp paper,
with witness signatures done by my family auditor and my brother-in-law(sisters husband).
This document was signed in March 2016.
Since it was a stamped family settlement deed, it was not required to be registered as advised by Auditor. Since then, our individual tax filing reflected these.

In October 2017, I filed for a patta transfer request of agriculture land, supplementing with
my fatherís death certificate, Magistrate issued Legal heir affidavit and the signed MOU family settlement. The transfer request was processed by the revenue office, and my name appears for the above said land record,in the 1B-ROR and grama pahani records as well.

However, my mother filed a counter petition with the local revenue office(MRO), claiming that
a. the MOU used in transfer process is an unregistered document and should not be considered
b. As karta of family, she wants the patta transfer equally between me and my sister.
This was instigated by my sisters family, as they are now eyeing a share in agricultural land too.

How valid is her claim.
Even if the Revenue department obliges her petition, what are my chances to get my share as per the agreement.
Can I use similar approach and same documents, to claim my 2/3rd property ownership on
the commercial building which is in a city municipality.

Offline advjaibansal

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Re: Family Settlement deed
« Reply #1 on: December 18, 2017, 10:26:56 PM »
Yes, you can do that as the family settlement agreement/partition deed can be executed in half. Either it has to be applied in full and has no value in the eyes of law if parties do not abide by the same.

Jai Bansal, Advocate
Supreme Court of India, Delhi
jai bansal
Advocate, New Delhi
Supreme Court of India
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