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Can unregistered family settlement deed be used for Mutation?
08-Dec-2023 (In Family Law)
Is filing a partition suit of JF property only to save registration money of partition deed a good idea? Or the parties should go for a family settlement deed as there is no dispute regarding anybody's title. All the dependents and copacerners have become Class I heirs of the person whose property it was. Can this unregistered Family Settlement deed be then used for Mutation purposes?
Hello,
A family settlement does not automatically amount to mutation of property. You need to register it in the form of transfer deed to effectuate the division of property.
And since you have pointed out that there is no trouble and all the heirs are class 1 then they shall automatically take simultaneously upon the death of the person in question. Thus, you can effectuate that through the Court too.
But it would be advisable to execute an official transfer/gift deed.
For further legal help, contact personally.
Take care and regards.
A family settlement does not automatically amount to mutation of property. You need to register it in the form of transfer deed to effectuate the division of property.
And since you have pointed out that there is no trouble and all the heirs are class 1 then they shall automatically take simultaneously upon the death of the person in question. Thus, you can effectuate that through the Court too.
But it would be advisable to execute an official transfer/gift deed.
For further legal help, contact personally.
Take care and regards.
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Adv. Ashima Pury
Noida | 100+ Answers
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Helo, no , you can't use any unregistered documents in legal proceedings. If there are a family settlement and there are no dispute among all family members for the alleged property so make a deed in 100 rs stamp paper and produce before the court concerne for make it registered documents. As you said there are no dispute then live at your part with that deed. Thnx
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Adv. Bharat Dixit
Lucknow | 25+ Answers
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