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Unregistered Memorandum of Family Settlement and Relinquishment


09-Nov-2023 (In Property Law)
My maternal grandfather died without a will. nnMy mother 's brother made her sign a Memorandum of Family Settlement where she has agreed that he brother will have sole right to my grandfather's house, including right to sell. The document is notarized but not registered. nnHe had made some verbal promises in return which he now refuses to honor. Also, he has used the document to get the title(patta)of the house in her name. My questionsn- Does my mother still have a share in the property as no settlement or relinquishment deed has been registered?n- Can she stop her brother from selling the house ?n- If he sells the house, can she claim her share from the proceeds ?nnThanks.
Answers (2)

Answer #1
660 votes
Family settlements are binding unless you are able to show absence of consensus. also, the nature of the property, whether co-owner or co sharer is significant to decide whether any sale can happen without the consent of the other parties.
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Answer #2
931 votes
hello sir according to your query your query is related to civil processing and according to your query you can stay all these property because you can tell me the will are not registered and you can challenge the will and you can challenge the family settlement deed please contact me immediately I will definitely tell you what should you do in the case
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