• Family arrangement title transfer

Hi Experts,

My grandfather has four children (three sons and one daughter). In May 2003 after my father’s death, grandfather and other family members had wrote family arrangement memorandum on legal stamp paper with six witnesses but this document was not registered. My grandfather was head of the family and this memorandum has listed all the properties which have grandfather’s title as well as their son's title.
Every family member had agreed on their share and enjoying their own property share since 2003. My father’s sister had already relinquished her property rights by duly stamped and registered document in 2003 itself.

But in present days my grandfather is not alive and I have decided to initiate title transfer but as the arrangement was not registered, I need to get my uncle's consent for the same but after several negotiations my uncles are not cooperating to do so instead they are threatening to acquire control of agricultural land with their title.
Please note all the properties are located in state of Maharashtra.

1. What is the legal standing of the family arrangement document? How can I use it for title transfer or civil suit?

2. The family arrangement document has mentioned that my uncle is giving up their land rights for me and instead they will get land from my grandfather, Can they legally claim their land?

3. Is there any legal advantage for me, being sole care taker and beneficiary of the land which has my uncle's title since 2003?

4. Any related citations will be appreciated.

thanks
Asked 8 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

8 Answers

1.File a suit for partition and rely upon the family settlement deed to make partition.

2. Legally he can not.However since there was relinquishment of land the deed needed to be registered.Now if you pay the stamp duty and rely upon this deed then your uncle would be bound by terms of this deed.

3.Your only claim lies upon family settlement deed only.

4. Citations varies.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir, you have ever right to get property of your father's share as a legal heir of your father. You have no right to others property, even leave the rights their property in arrangement deed, in this regard separately to make relinquish deed or right to release deed is required. As per Family arrangement deed you can take yours respective share through file Civil suit for partition before jurisdictional Civil court, before to file civil suit, you have to make one representation for change of katha transfer on the basis of family arrangement deed before concerned revenue authority (family arrangement deed is nothing but partition deed, it is legally valid in the eye of law) .... .

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

memorandum of family arrangement is binding on the parties

2) it is not necessary to regsiter memorandum of fmaily arrangement

3)I In the case of Roshan Singh and others Vs. Zile Singh and others, reported in AIR 1988 (SC) 881, the Hon'ble Apex Court has held in Para 9, 12 and 15 of the said judgment as under:-

“9. It is well-settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it, requires registration under S.17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration. The essence of the matter is whether the deed is a part of the partition transaction or contains merely an incidental recital of a previously completed transaction. The use of the past tense does not necessarily indicate that it is merely a recital of a past transaction. It is equally well-settled that a mere list of properties allotted at a partition is not an instrument of partition and does not require registration. Section 17(1)(b) lays down that a document for which registration is compulsory should, by its own force, operate or purport to operate to create or declare some right in immovable property. Therefore, a mere recital of what has already taken place cannot be held to declare any right and there would be no necessity of registering such a document. Two propositions must therefore flow: (1) A partition may be effected orally; but if it is subsequently reduced into a form of a document and that document purports by itself to effect a division and embodies all the terms of bargain, it will be necessary to register it. If it be not registered, S. 49 of the Act will prevent its being admitted in evidence. Secondary evidence of the factum of partition will not be admissible by reason of S. 91 of the Evidence Act, 1872. (2) Partition lists which are mere records of a previously completed partition between the parties, will be admitted in evidence even though they are unregistered, to prove the fact of partition. See. Mulla's Registration Act, 8th Edn.. pp.54-57.

4) uncle cnanot claim the land as they have relinquished their rights on the land

5) apply for mutation of property in your name on basis of memorandum of fmaily arrangement

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Querist

My opinion on your queries are as under:-

1. What is the legal standing of the family arrangement document? How can I use it for title transfer or civil suit?

Opinion: This documents is valid documents and can be consider as Last Will of your grandfather and can be executed for transfer the title of the property. file an application before the tahsildar if property is agriculture land or if the property is not partitioned yet then based on this documents you may file a civil suit for partition with possession and also file an application Under Order 39 Rule 1 & 2 of CPC and get an injunction order from civil court for restraining other parties for creating any third party interest.

2. The family arrangement document has mentioned that my uncle is giving up their land rights for me and instead they will get land from my grandfather, Can they legally claim their land?

Opinion:- if this document signed by your Uncle then that will be enforceable by law too.

3. Is there any legal advantage for me, being sole care taker and beneficiary of the land which has my uncle's title since 2003?

Opinion:- if you are in the possession then you have all advantages for that property too and your uncle has to file the case for possession.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1. What is the legal standing of the family arrangement document? How can I use it for title transfer or civil suit?

Since the family arrangement deed was not registered it may not be valid and unenforceable.

However since your grandfather is no more and your father is also not living, as a legal heir of your father, you can file a partition suit seeking partition and an equal share of your father in his father's property with separate possession.

The court will decide

2. The family arrangement document has mentioned that my uncle is giving up their land rights for me and instead they will get land from my grandfather, Can they legally claim their land?

Now since your uncles have decided not to give any share in ht eroperty as well not to cooperate with you, the next best option is for partition suit. Do not go by the family arrangement anymore instead claim a share out of the entire properties.

3. Is there any legal advantage for me, being sole care taker and beneficiary of the land which has my uncle's title since 2003?

There can be no legal advantage on the basis of care taker, instead you can claim your father's share in the property.

4. Any related citations will be appreciated.

What type of citation do you require, you may look for one by browsing the internet.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

it is necessary to peruse memorandum of family arrangement cited by you

2) you can contact any lawyer on this website through kaanoon.com.

3) avail option of review of legal documents and get his opinion whether said document is required to be regsitered or not

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As a legal heir of your deceased father you are entitled to a share out of yor father's share in the properties which might come to him through family arrangement of by law of intestate succession.

So dont get confused over the technical terms, consult a local lawyer and proceed as per law for establishing your rights.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir/Madam, you may challenge unregistered family settlement deed by way of filing partition suit before the jurisdictional civil court. Before going to think in profitable way.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer