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Joint owners signed succession document but not abiding by it, advise?


30-Jan-2023 (In Civil Law)
A legal document of sucession of ancestral property was written and signed by all the parties accepting the said terms in the document. It was on a 100 rupees stamp paper which was not registered. The document was signed infront of two witnesses and a lawyer. Now after 4 years few parties are not abiding to terms of the document they want to file a case. Please let me know whether the said document on stamp paper hold any value or not. will it help us with the proceedings in the court.
Answers (3)

Answer #1
927 votes
Hi
Any family settlement deed need not be registered . Your legal document of succession is valid to the extent of proof that there was an agreement to partition the parties.
however the properties need to be compulsorily registered after paying stamp duty and taxes by parties.
Now the settlement deed is totally valid in eyes of law and the document will definitely help you in the court proceedings.
Answer #2
560 votes
it depends upon the nature of document which is executed and the notion which was transfered or created in the document the documents specifically mentioned in section 17 of the registration act are compulsorily registrable unless they wont be admitted by evidence and if the documents falls within the perview of sec 18 then it is admissable and if such it also must pass the test under section 65 to 68 of evidence act
Answer #3
672 votes
No the stamp paper has to be registered As per sec 17 and then only it can be taken as a eveidence.Any document which is not registered does not hold validity as per Registrations Act but still u have witnesses kindly consult a lawyer with all the documents.

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