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Query on Disputed properties settlement between family members Legal
06-May-2023 (In Family Law)
We have come to a mutual agreement about the disputed propertoes that we have in our family. We are 4 accailmed owners of 4 diffrent properties. All these properties are registered on all or one of our names. Our lawyer claims that when we sign the agreement documents we will not require to get the distributed properties to the recievers name. He says the documents he will prepare will give the power to the named family member over the property he recieves as per this settlement. Which will save all of the huge registery tax. I want to confirm of its true because the one property i am going to receive out of this agreement is registered on my brothers name. Will I be able to sell it in futute without asking him to sign on the selling documents? Please help. Much appreciated.
Dear Sir,
Your lawyer is correct, through a registered deed of agreement properties could be exchanged , transferred , but in agreement the party in whose name property is presently recorded in title deed is necessary (party means and includes legal heirs ,assignee, transferee etc.
Perhaps your learned lawyer also advice you for filing a suit for partition saying all properties as joint property obtained from joint stock in the name of one or all family members ,suit may be filed by any member with a fixed declaratory court fee ,fixed by your High Court impleading other family members as defendant . After admission of suit defendant may sue motu appear in suit then court may proceed u/s 89 c.p.c. for reconciliation and at that stage , a compromise petition with mutual consent stating shares allotted to parties could be filed before court ,then court can require evidence of parties on point of compromise ,in which all party will accept the compromise . This is short cut way and also a cheap way to get permanent transfer without paying huge registry fee. In Bihar fixed declaratory court fee for partition is only Rs. 250 /- , filing, miscellanious and Lawyer's fee is not included in it .
Your lawyer is correct, through a registered deed of agreement properties could be exchanged , transferred , but in agreement the party in whose name property is presently recorded in title deed is necessary (party means and includes legal heirs ,assignee, transferee etc.
Perhaps your learned lawyer also advice you for filing a suit for partition saying all properties as joint property obtained from joint stock in the name of one or all family members ,suit may be filed by any member with a fixed declaratory court fee ,fixed by your High Court impleading other family members as defendant . After admission of suit defendant may sue motu appear in suit then court may proceed u/s 89 c.p.c. for reconciliation and at that stage , a compromise petition with mutual consent stating shares allotted to parties could be filed before court ,then court can require evidence of parties on point of compromise ,in which all party will accept the compromise . This is short cut way and also a cheap way to get permanent transfer without paying huge registry fee. In Bihar fixed declaratory court fee for partition is only Rs. 250 /- , filing, miscellanious and Lawyer's fee is not included in it .
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Adv. Anil Kumar Thakur
Indore | 25+ Answers
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Make the family settlement deed and get it registered, because then only you will be able to dispose of property (by sale or otherwise) without asking your brother. Such type of settlement deed/agreement will create new title in your name, that is why it will require stamp duty and registration.
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Adv. Pradeep Naik
Indore | 200+ Answers
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FAMILY SETTLEMENT DEED IN NOT REQUIRED TO BE REGISTERED BUT THE FAMILY PARTITION DEED REQUIRES. IT IS ADVISABLE TO EXECUTE A PARTITION DEED AND GET IT REGISTERED TO AVOID FUTURE COMPLICATION IN VIEW OF THE LAW LAID DOWN IN THE CASE OF Roshan Singh & Ors vs Zile Singh & Ors on 24 February, 1988. Equivalent citations: 1988 AIR 881, 1988 SCR (2)1106
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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