We are Christian familystaying in a rented accommodation in Mumbai which is under the Pagdi system, there are two families staying in the said premises. Due to quarrel between the family, the family has decided on a settlement of disposing of the said premises in shares agreeable to all. Except one member is not agreeable to signing the settlement. What document would help us to dispose of the premise, and MOU or a Family Settlement in absence of one member not ready to sign. There are totally 6 siblings of the original tenant who expired, the rent recepit is now on my dad and my name. Does this document be required to be registered. Since we have two suits which are pending in Small Causes Court. What's the best option to be used to avoid and legal hindrance in the future. I am sure after this document an agreement of sale would have to be made mentioning the terms and payment etc Please advice
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1.The respective members can dispose of their respective shares individually or by making a registered family deed of settlement.
2. The unwilling member can be left out.
3. if civil suits are pending in court then unless the issue of transfer of your shares or your right in the proeprty is before the court you don't need permission of court to sell your shares.Else It is required.
Dear Mr Barman, the suit I have file in for gratuitous licensee which is pending in the appellate court, and my cousin has filled a declaratory suit to make him a joint premises in the said premises. My dad brother and sisters who do not reside in the premises have got married, and now asking for their share. We all have accepted the % of share, except for this cousin who might create hindrance in future during the sale of premises. Which would be better document to be signed from all Mou or family settlement or any other document which will be more legal and would this be required to be registered by law.
1) deed of family settlement can be entered into
2) it should be duly stamped and registered
3) in the alternative file consent terms in the suit pending in small causes court
Deed of family settlement can mention the amount payable to all legal heirs on sale of the property
2) you would need landlord consent for sale of the tenancy rights in the property
Family deed of settlement is better option.
Deed for family settlement can be done by you at this stage.
Bear in mind that the same shall be duly signed, stamped and registered. Please contact a local lawyer for the same.
After the same you can file the same in the small cause court where the suit is pending
Deed of settlement between the family will be the best option for you at this stage.
Regards
Basically, it is a pagdi system property hence no one can claim title to property legally.
However on the basis of family agreement arrived at, one of you may hold the share of the agitating and unwilling family member.
Let him approach court with his objection, it will not be maintainable due to the nature of property.
There can be no problem from his side in the future too.
A family settlement or agreement or a MOU on an unregistered deed can be drawn for the satisfaction of all family members party to this partition.
The registration of this document may also not make this document enforceable.