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Can an unregistered settlement deed be challenged in court
15-Nov-2023 (In Documentation Law)
My mother did a family settlement deed of property between my brother and me in 2007 which is UNREGISTERED nd UNSTAMPED . This deed includes 5 witnesses one is senior govt employee Nd other two are advocates . In 1981 this property's lease holder did GPA on the name of my father but my father did agreement to sale deed on the name of my mother In 2008 my mother made conveyance deed on her name. In settlement deed my mother gave me ground floor and upper two floors to brother In 2010 mother made registered gift deed on the name of my Bhabhi without telling anyone in the family And through this registered gift deed same upper floors mother gave to my brother's wife. Now in August 2016 mother made a registered will on the name of my brother's son and gave my ground floor to him. And in September 2016 my mother expired Can I challenge or apply for cancellation of gift deed and will on the basis of my UNREGISTERED settlement deed ? And my UNREGISTERED settlement deed is valid now
1) once settlement deed is executed it cannot be revoked by the donor without court orders
Under section 17 of the Registration Act, a document creating or extinguishing a right, title or interest in immovable property requires compulsory registration and in absence thereof cannot be relied upon to assert a right, title or interest in a property. But this is part of substantive law. Rules of evidence recognise estopple. The two laws operate in their respective fields.
Assuming, however, that said document was compulsorily registrable the Courts have generally held that a family arrangement being binding on the parties to it would operate as an estoppels by preventing the parties after having taken advantage under the arrangement to resale from the same or try to revoke it.
However, it is advisable that you show the documents to a lawyer for careful perusal in order to form an opinion.
Under section 17 of the Registration Act, a document creating or extinguishing a right, title or interest in immovable property requires compulsory registration and in absence thereof cannot be relied upon to assert a right, title or interest in a property. But this is part of substantive law. Rules of evidence recognise estopple. The two laws operate in their respective fields.
Assuming, however, that said document was compulsorily registrable the Courts have generally held that a family arrangement being binding on the parties to it would operate as an estoppels by preventing the parties after having taken advantage under the arrangement to resale from the same or try to revoke it.
However, it is advisable that you show the documents to a lawyer for careful perusal in order to form an opinion.
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Adv. Urfee Haider
Delhi | 200+ Answers
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