We had certain immovable property in Assam and certain immovable property in Kolkata held under the HUF (Mitakshara Law) of my grand father in law and father in law acquired by my grand father inlaw through registered deed of Partial Partition and deed of release in 1971.
My father in law died in 1992 was survived by my mother in law, 2 sons and 6 daughters and 9 sisters. NOC relating to 9 sisters and 6 daughters had been obtained. After him my brother in law who happened to be the elder brother became Karta of the HUF of my father in law property.
Now there has been a unregistered, unstamped deed of family settlement in Dec 2008 signed by my brother in law and his wife, 3 sons and 2 daughter in law as parties of Lot A, AND
my mother in law, my husband, my minor daughter of 2 years and myself as the party Lot B wherein all the joint property was divided between parties of Lot A & Lot B. Parties of Lot A got the properties based in Assam and parties of Lot B got properties based in Kolkata. Wherein each of the parties of Lot A herein grant, convey, transfer, assign, assure, release and confirm to the party of the other lot the properties comprised in Kolkata and vice versa.
Subsequently to this deed of family settlement my husband died in March 2010.
Therafter pursuant to this deed of family settlement we have made mutation of property based in Kolkata in the name of my mother in law and myself.
Now I happen to get re- married in Dec 2015. I would like to understand the right of
A. My mother in law right in this inherited property
B. My daughter right in this inherited property
C. My right in my previous husband deceased property.
Further my mother in law wish to transfer her share both ancestral and self acquired to my daughter ( who happens to be minor.) So pursuant to the ancestral property and assuming that deed of family settlement is not legal and valid. What would be the best course of action to ensure transfer of Kolkata property in my daughter in law name.
Can my mother in law vide Registered/ unregistered will transfer her share to her grand daughter.
How can my daughter aged 7 years old acquire right in her father ancestral property.
Please let me know how the rights will flow and what documents need to be executed in this case and who all will be the party to these documents
Asked in Property Law from Kolkata, West Bengal
1) once deed of partition is made property ceases to be ancestral
2) since deed of family settlement is un stamped and not registered it is in admissible in evidence .
3) if it is a mere memorandum and records the settlement arrived at it is not required to be stamped and regd
4) the document cited by you has to be perused to advice
5) Each document has to be scrutinized on the basis of the wordings contained in the document to arrive at a conclusion whether the same requires being stamped and registered or otherwise.
6) Even if a family arrangement that required registration was not registered, it would operate as a complete estoppel against the parties who have taken advantage of the family arrangement
7) your mother in law and you have equal share in property B
8) you have 50%share in property B . your subsequent remarriage does not make any difference .
9) your mother in law can execute will in your daughter favour to bequeath her share in property B in kolkata
Deed of Partition was made in 1971 and thereafter the property title has went to my grand father in law which was held in HUF. And after the death of my father in law in 1992 it was held in the HUF being operated by my brother in law as Karta.
Thereafter we have entered into a deed of family settlement which was unstamped and unregistered granting my mother in law, my husband, my daughter and myself the right on that property.
Since after the partition it was held by great grandfather in law and the property has come to us from him, we had assumed it to be ancestral.
Please advise can my mother in law and myself if we jointly decide to sell this property to a third party as on date can we do so by Sale Deed.
Is the mutation in my mother in law and my name legal.
Assuming Deed of Family Settlement is not legal and valid, what documents we need to execute to make my daughter have right on this property and who all would be the party to this document
Asked 2 years ago
1) as per deed of family settlement you had 1/4th share in property .
2) on your husband demise his 1/4th share would devolve on you , your mother in law and daughter .
3) as advised earlier contents of deed of family settlement have to be perused . does it merely record settlement or it provides for division of propery
4) if merely records settlement it need not be stamped and registered .
5) since your daughter also has share in property as per deed of family settlement for sale of her share you would need court consent .
6) mutation should have been in name of 3 parties namely your mother in law , you and your daughter
7) your daughter already has share in property as per deed of family settlement in 2008 .
8) the future course of action can be advised only on perusal of deed of family settlement
The soft copy of the Deed of Family Settlement is as follows: Kindly advise on this basis
DEED OF FAMILY SETTLEMENT &
THIS DEED OF FAMILY SETTLEMENT, is made on this 8th day of December of 2008.
B E T W E E N
(1) PARTY of First Lot
A N D
(1) PARTIES OF LOT "B" (which term and expression shall unless excluded by or repugnant to the context be deemed to mean and include their heirs, executors, administrators, representatives and legal assigns) of the OTHER PART.
WHEREAS the parties hereto, viz. the PARTIES OF LOT "A" and the PARTIES OF LOT "B" constitute a Mitakshara Family joint in food worship and estate of which the first Party of the PARTIES OF LOT "A" is the Karta of the Hindu Undivided Family namely "M/s. Satyanarayan Purushottam Kumar" (hereinafter referred to as the said H.U.F) and the first Party of the PARTIES OF LOT "B" and the Second Party of the PARTIES OF LOT "A" are the Members of the said Hindu Undivided Family and the Third Party, Fourth Party, Fifty Party of the PARTIES OF LOT "A" and the Second Party of the PARTIES OF LOT "B" are the Coparceners of the said Hindu Undivided Family.
AND WHEREAS the Grand father of the present Karta namely Late Mangilal Modi was the founder of the H.U.F namely Bansidhar Mangilall.
AND WHEREAS the said Late M Modi vide a Registered Deed of Partial Partition being No. 1925 for the Year 1971, dated 01.09.1971 registered in the office of the Sub-Registrar, Dibrugarh, Assam had separated and relinquished his Kartaship with an effect from the 1st September, 1971 and thereafter he released himself from the entire properties of the said H.U.F. vide a registered Deed of Release being No. 247 for the Year of 1971 dated 09.09.1971 registered in the office of the Sub-Registrar, Dibrugarh, Assam.
AND WHEREAS after the said relinquishment the son of the said Late M Modi namely Late Satyanarayan Modi got and acquired the Kartaship of the said M/s. Bansidhar Mangilall, the Hindu Undivided Family.
AND WHEREAS the said H.U.F after the death of said M Modi was reconstituted in the name of 'M/s. Satyanarayan Purusottam Kumar' and the said Late S Modi was appointed as the 'Karta' of the said new H.U.F namely 'M/s. Satyanarayan Purusottam Kumar'.
AND WHEREAS the said Late S Modi the erstwhile Karta of the said H.U.F died on 29.07.1992 and after his expiry his son Sri P K Modi being the eldest Male Member of the family has become the Karta by virtue of the provision of the Hindu Personal Laws being governed by the Mitakshara School.
AND WHEREAS the H.U.F estate of the said Hindu Undivided Family consists mainly of the proprietor described in the Schedule - A written hereunder.
AND WHEREAS for reasons and considerations best known to the Parties herein and for better management, enjoyment, control and administration of their estate the Parties herein have agreed to have the same partitioned by mets and bounds in the manner hereunder appearing through these presents of Deed of Family Settlement & Agreement and the said H.U.F shall henceforth shall not continue as the H.U.F namely M/s. Satyanarayan Purushottam Kumar with an immediate effect of this indenture and/or Deed of Family Settlement & Agreement.
NOW THIS DEED WITNESSES as follows : That in pursuance of the said mutual and family agreement as stated above and in consideration of the division of the shares of the parties in their ancestral properties and allotment thereof in severally and individually to them as hereunder made under and by virtue of these presents the PARTIES OF LOT "A" and each of them do hereby grant, convey, transfer, assign, assure, release and confirm unto and TO HAVE AND HOLD to the use of the same to the PARTIES OF LOT "B" to the properties comprised and described in the Schedule - 'C' and in the same manner the PARTIES OF LOT "B" and each of them do hereby grant, convey, transfer, assign, assure, release and confirm unto and TO HAVE AND HOLD to the use of the same to the PARTIES OF LOT "A" to the properties comprised and described in the Schedule - 'B'.
1. That the First Party of the PARTIES OF LOT "A" being the Karta of the said H.U.F with the mutual consent of and agreement with the other Members and the Coparceners divided the said H.U.F estate into two Lots for the purpose of this Family Settlement & Agreement and out of which Lot "A" comprising the properties described in the Schedule - 'B' written hereto and that of the Lot "B" comprising the properties described in the Schedule - "C" written hereto.
2. That the properties comprised in the Schedule - "B" shall be jointly owned, possessed and enjoyed by the PARTIES OF LOT "A" as their undivided share to which they will be henceforth entitled and will be guided under the provision of the Hindu Succession Act, 1956.
3. That the properties comprised in the Schedule - "C" shall be jointly owned, possessed and enjoyed by the PARTIES OF LOT "B" as their undivided share to which they will be henceforth entitled and will be guided under the provision of the Hindu Succession Act, 1956.
5. That all Income Tax, Wealth Tax and other capital and revenue, liabilities of the estate as on this day shall be borne and paid by the parties proportionate to the shares in the joint family properties hereunder divided.
6. That the parties hereto shall henceforth be the separate owners of the shares allotted to each of them and shall hold and enjoy the shares so allotted in severally and free and discharged from all claims and demands of the others divided into two lots or anyone claiming through, under or in trust of them.
7. That due to the reason of the extinction of the said H.U.F the parties herein under the two lots mentioned above shall be entitled to sale, transfer their share of the properties to any persons other than the member of this Family.
AND THIS DEED FURTHERMORE WITNESSES that the parties do hereby covenant agree and declare that all of them has and still have good title, full power and absolute authority to have the properties get divided in the matter hereinbefore indicated and none of them has charged not encumbered the same or any part thereof nor otherwise dealt with, nor done, executed or performed any act, deed or thing or suffered anything to the contrary whereby or by reason or means whereof the same may be affected or prejudiced in title or estate or they may be hindered or prevented from having the same granting, conveying or having the same divided as affected by theses present AND THAT the respective allottees shall hold, possess, enjoy their respective allotments peacefully and quietly without any claims or demands and interruption whatsoever by any one.
IN WITNESS WHEREOF the parties have executed these presents on the date month and year written hereinbefore.
PARTIES OF LOT “A” BEING THE FIRST PART—
Signed by Parties of Lot A & Lot B
Asked 2 years ago
1) deed of family settlement provides for partition of property is under stamped and not registered
2) it is in admissible in evidence
2) deed of confirmation can be executed by parties of lot A and B . it can be stamped and regd
1. the settlement deed was not registered but your husband has demised,
2. You can not now get a settlement deed registetredre afresh wherein you can replace your deceasechusband alongwith your children since you are married now,
3. Get the settlement deed registered replacing your husband's name with that of your children
4. As of now, your mother in law has equal share on your husband's share of the property though partition deed relating to the property of his father was not registered,
5. Your daughter has equal share on her father's share of the property,
6. had the partition deed through which your deceased husband acquired share of his property been registered, you would have got equal share on his said share before your remarriage and would have contib=nued to own it,
7. Please note that there is no ancestral property herein. Your mother inn law can execute and register her property in favour of your daughter,
8. the basic question herein is that the first partition suit favouring your deceased husband was not registered making it invalid in the eyes of law,
9. Get the property partitioned throgh a fresh partition deed and get the same registered.
1. Since the said partition deed in favour of your deceased husband alongwith others was not registered, it was invalid,
2. Any subsequent claim of ownership based on the said invalid partition deed is also invalid,
3. Mutation does not entitle ownership,
4. Get a fresh partition deed amongst all the existing family members excluding you (since you are not eligible to the share of the property of your deceased husband after your remarriage) made and registered. This will solve all future problems.
The said family settlement deed was required to be registered to get legal validity.