• Family settlements on Rs100/ Stamp Notarized

After Execution of such paper, can we pay the stamp duty later on to make it valid ,if matter goes to court. 
As one party denying on the ground that it is not registered.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

No. You should strictly adhere to legal compliance.of getting it registered by paying the stamp duty. As,.if the matter reaches to court the other party will take an objection with regard to intention of not enforcing it since it wasn't even properly stamped by not paying stamp duty.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Hi,

In all the cases registration not mandatory. but you should get it notorised. After court order, every thing will be legalized. You may stamp duty as per local laws or circle rate.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) you can pay stamp duty with penalty if document is understamped and impounded by court

2) un registered deed of family settlement is in admissible in evidence

3) un registered document can be registered within maximum period of 8 months

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir the family settlement unregistered can be taken as evidence of transaction though it is mandatory to register same.

If the deed is 3 months old then now it cannot be registered a new deed need to be signed.

The SC in Sita Ram Bhama v. Ramvatar Bhama held that compulsory registration of family settlement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The family settlement arrived at between the parties which is in writing requires registration and an unregistered family settlement will not be admissible as an evidence.

My suggestion to you is to get this settlement registered at the earliest.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You should get the same registered at the earliest, in order to avoid further/ future complications.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

First things first, a family settlement can also be oral. Even when it is a mere memorandum memorialising the arrangement that has already been effected purusant to an oral settlement, it need not be registered.

But where a settlement is reduced to writing and ends up creating and extinguishing any rights in immovable property, it definitely needs to be registered and stamped. And unless so registered and stamped, it is inadmissible in a court (except for collateral purposes).

Please see Kale and others vs. Deputy Director of Consolidation and others, (1976) 3 SCC 119.

In case the document is registered but not stamped or stamped inadequately, it can still be presented in court subject to the first proviso of Section 35 of the Indian Stamp Act. Pu simply, the document is impounded in such cases and you are required to pay the requisite stamp duty along with any penalty. On such payment, it becomes admissible.

I would advise you to have an expert (either here or offline) have a look at the document so as to better advise you on what needs to be done in your case.

I hope that answers your question. Follow-up questions welcome.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

The stamp duty cannot be paid after four months of the execution of any unregistered document.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Registration cannot be done once the matter is pending adjudication in court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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