• Ancestral property

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 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
The said family settlement deed was required to be registered to get legal validity.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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