Unregistered deed of family settlement is in admissible in evidence 

2) 

called family settlement takes away the share of 7 legal heirs , therefore the same was compulsorily registrable.

That the impugned document was not mere memorandum of family settlement rather a family settlement itself. In any view of the matter, there is relinquishment of the rights of other heirs of the properties, hence, the document was compulsorily registrable under Section 17 of the Registration Act.

3) since legal heir is suffering from terminal illness maintenance has been awarded . SC may not set aside HC order 

Here you have tried to explain your family history and the other legal activities.

Still we need to check all your family tree history from great grandfather till you. 

Plus each and everyone's rights in the property as per the Muslim law.

There are two laws further Shia and Sunni. So in which law is applicable for you.

Need to review all your past documents and based on that can guide you further to proceed filing case of SLP in the SC.

1. Even though the family deed is unregistered, it can still be looked into by the court and the statements of the parties therein would bind them 

2. a family deed is one by which the family members agree upon a certain state of affairs and pursuant to such agreement, further documents are made by the parties to give effect to the promises made in the family deed

3. the circumstances would also help by which it can be shown that your grandfather alone was entitled to the property and his siblings and their descendants exercised no control over it. This can help corroborate the promises made by the 7 legal heirs in the family deed

4. since the predecessor of the grandson had himself agreed to release his share, the grandson now cannot claim any equity from the property

5. your remedy will be to file for an appeal to the division bench of the high court to challenge the maintenance order made in the receiver petition

Unregistered family settlement is not admissible in evidence but as per recent SC ruling, such settlement is binding on family members. Only for the reason it is not registered, it`s validity cannot be disputed and is final.

Maintenance order can be appealed. 

Unregistered family settlement is not admissible as evidence in court. 

However it operates as complete estoppel against the parties to it. Members of the family to the settlement can not challenge the agreement later on in court. 

No partition can be awarded by the court as right to claim partition by any party is barred by the operation of estoppel. Property shall remain in its present status. 

Maintenance petition may stand but the amount of maintenance may be subject to review by court. 

any document, which is not registered as required under the law would be inadmissible in evidence and cannot therefore be produced and proved under Section 91 of the Evidence Act.

Unregistered family settlements will not be considered as valid  evidence.

Chances of winning on basis of unregistered settlement deed are very low 

Is the settlement deed with younger brother registered 

2) as mentioned earlier unregistered settlement deed would be in admissible in evidence 

Have you challenged the preliminary decree, preliminary decree if not challenged becomes final. In this case, partition will definitely grant by court.

Challenge the pre decree.

Dear Concern,

Please note - 

First among all, my apologies that I got hold of this query one day later when it was posted by you. Let me answer one by one as per the Supreme Court style of working - 

01. Supreme Court is the appellate court of jurisdiction so it do not go into the facts of the case but in to the legal aspects of the case which has not been dealt by the earlier courts at the time of deciding the case. 

02. You can come to Supreme Court only when the matter has been decided by the lower court as well as the High Court. There can't be any appeal before Supreme Court when the case is already pending before either of the courts. As per your query the matter has been decided by the lower court but it do not suggest anything in terms of the High Court. 

03. Your possibility of winning a case in Supreme Court depends upon following things - 

(i) How well have you contested the case in Lower Court which is the original court of jurisdiction and has the right of appreciating the evidences,

(ii) How well have you contested the case in High Court which is the last court for appreciating the evidence in normal as well as exceptional circumstances,

(iii) How badly your submitted evidences were ignored by the lower court as well as the High Court, and

(iv) How well do you contest the case before the Hon'ble Supreme Court of India by appointing such advocate who has time for your case, looks into the details of the case, can prepare notes and study further if required and is easily approachable as and when required. Normally people instead of looking for these qualities look for the reference passed by whom, number of years spent in the practice, connection and footing which he or she has in court which can be easily compensated if you ask a senior counsel to represent you on the assignment done by your advocate. 

04. As far as my experience is concerned, you have a very good case before the Supreme Court of India because - 

(i) Majority of the evidence produced before the court were grossly ignored by them,

(ii) The lower court has failed to draw any sort of inference from the evidences produced before them,

(iii) The lower court has gone ahead of the scope of the law while deciding the case of partition. It is settled principles of law that a family settlement in terms of ancestral property is acceptable if things has been undertaken as per that. Your query suggests that majority of your family members have went ahead and sold off their portion as per the family arrangement so that means it was acceptable to them. That should have been acknowledged by the lower court which they have not. And that makes your case for the Supreme Court provided even High Court have refused to acknowledge that. 

One can detail remaining things only when he get hold of the documents. If you can pass on the file to any advocate of your choice he will guide you further over this file. 

Unregistered deeds are bad in law. But in some circumstances court accepts it with discretion as evidence. You can challenge the maintenance order in SC

Un registered deed of family settlement for division of properties is in admissible in evidence 

2) memorandum of family arrangement even if un registered is admissible in evidence 

3)

the Supreme Court held that in a   suit   for   partition,   an unregistered   document   can   be   relied   upon   for   collateral purpose   i.e.   severancy   of   title,   nature   of   possession   of various shares but not for the primary purpose i.e. division of joint properties by metes and boundsof joint properties by metes and bounds.

That an unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded.

Dear Concern,

Please note - 

01. As I told you non-registration of document does not amount it to be illegal that to when it comes to family settlement and where everyone is acknowledging it. If someone would have come forward stating that this unregistered family settlement is a false document then its validity or legal sanctity would have come into picture. 

02. Secondly, unless the matter is decided by the High Court, Supreme Court of India will not hear it at any cost. So you have to contest it before the High Court and get it decided over there itself. Look for someone who can assist you on a good note in High Court by getting it listed in urgency. It is possible that the matter gets decided in your favour from High Court itself and hence your journey to Supreme Court is no more necessitated. 

03. It's not just one judgment which will come to support you but several other factors coming from the side of facts and the laws as well which will help you in contesting this case. 

04. If the lower court has declared the entire family settlement as fraud just because it is not registered then that gives you the right to contest cases against every property sold off by your other family members. Drag everyone (in the civil for your share in that property as well as in criminal court for getting them punished) who is the current owner and the previous owner till the point it reaches to your family member. 

For e.g. if the property was sold by your family member to Mr. A and Mr. A sold it off to Mr. B and now Mr. B is the owner of that property then for that property drag your family member plus Mr. A and Mr. B alleging that the entire transaction is based upon fraud as stated by the lower court and law is very clear that "fraud vitiates everything". This means any transaction whose base is based upon fraud is subject to nullification from starting to end.  

Trust me these cases will put immense pressure on the current owner, previous owner and your family member and then everyone will come to settle down this matter in your favour. Seek your share in every property sold off by everyone and then everyone will come in line to settle this out. Right now, they are thinking that only they can harm you and you are toothless and harmless so they are trying to sabotage you. The moment you will go after them seeking interest in their sold off property, they will realise that they may now end up losing their previous transactions as well as current transactions and will also end up in jail as they have sold it off those property based upon family arrangement which is now declared as fraud. Fraud is a punishable offence under section 420 of IPC and 07 year imprisonment is the punishment written for fraud in law. Your family members will realise how how deep they are in trouble by coming after you just because you have not sold of the property rather have kept it with yourself.

Not to mention about those who are the current owners of these properties they will try their level best to get this case settled out from your family members either seeking excessive damage or seeking excessive damage plus punitive terms for your family members. Don't forget all of them are owners of commercial properties riping out benefits from those properties in lakhs and crores. They will not let this go so easily.  

My best wishes to you.

Such document admissible in evidence after rectify the error and without registration too, can be used for collateral purpose i.e. possession.

And recent SC judgment is binding.

Registration is mandatory in the eyes of law. Still the agreement can be relied as evidence. Court may also direct you to pay appropriate stamp duty and registration and ratify the same. It can't be a ground to cancellation of the same

1.  Any deed in respect of the immovable property has to be transacted by a registered document only as per the transfer of property act. An unregistered deed is not held as legally valid document hence cannot be enforced in law.

The case law referred by you involves oral partition.

Oral partition is allowed but an unregistered partition deed is not held as legally valid partition.

Hence the case referred by you is irrelevant to your case.

2. You say that the petitioner who filed this case is died hence what is the use of filing a SLP before supreme court when the contesting party is not alive.

The settlement deed or the release deed by the younger brother of your grandfather was subsequent to the filing of the partition suit, hence the court may not go into the details of the subsequent developments post filing the partition suit.

You can prefer an appeal though the result cannot be expected to be in your favor.

The unregistered family settlement or agreement deed can be taken as corroborative evidence in the absence of any other evidence, the settled law is clear about it, hence you may go through the judgment once again.

As per transfer of property act section 122 it is mandatory to register the transaction involving immovable property.

When the case is filed against you it becomes your duty to defend your case and not others case.

If you are aggrieved over the previous partitions and alienation you may file a separate suit as per your desire and proposal.

1. Any deed which conveys the title of a property or its share is required to be registered as per registration Act.

2. The Court can not grant an amount more than what has been asked for. So, it is a good case to agitate before the Supreme court.

1. It appears that the Court has taken one eyed view in the matter.

2. Challenge the matter before the Supreme Court.

1. Under the given circumstances the unregistered agreements/deeds can be accepted as evidence.

2. If those settlement deeds were not accepted then the partition order should be on tye entire property and not on your share of the property only.

3. You can now file a partition suit claiming partition of the entire property duly challenging all the other sale deeds registered by other legal heirs based on the same unregistered settlement or other deeds.

Yes it's almost 50 50. Best of luck. 

You cannot stop other legal heirs from filing petition for claiming maintenance 

2) you can contact any SC advocates practising in SC for appearing on your behalf 

Dear Concern,

Please note - 

01. There is no limitation period for any crime which is punishable with more than 03 years and above imprisonment. Forgery is punishable with 07 year imprisonment so you can bring that criminal case even now even if the 02 decades have passed down. 

02. You can bring a case to Supreme Court (SLP) only when there is an order from High Court which can be challenged in Supreme Court. If you have that then you can come down to Supreme Court and can also have stay over all proceedings going down in the High Court till the time the matter is finally decided from Supreme Court. 

03. There are two types of Advocates one being advocate and another being the Senior Advocate designated to be senior from the side of the Court. You can only hire an advocate and hiring a Senior Advocate is the job of the advocate whom you have hired. 

For e.g. if you will hire Mr. A to contest your case then Mr. A will hire Mr. Harish Salve to argue your case before the Supreme Court of India with your permission. That's the norm. You are not entitled to hire Senior Advocate on your own. 

Reason - One can hire only such advocate who is entitled to sign the contract with client. A contract for court cases is known as Vakalatnama. It is only advocates who can file the Vakalatnama for their cases. Senior Advocates appear on the Vakalatnama filed by an advocate. They are not entitled to file their own Vakalatnama hence not entitle to get engaged on an Individual basis by a client. 

I will not detail much of the detail about this as that would be pure law and you won't understand that. 

In sum what I meant to say is, look for a good advocate and engage by signing Vakalatnama in his favour. He will help you in engaging one or more than one senior advocate as per your financial budgets. 

My best wishes for your case.

1. No, you can not expect any order from the Court stopping any petition to be filed before the Court for adjudication. You can pray for its rejection on acceptable ground once the petition is filed.

2. Ordinarily, clients approach the Supreme Court lawyer through his/her High Court lawyer who briefs the Supreme Court lawyer about the matter.

Very chance of stay of Maintenance order. Cousins not responsible to pay maintenance.

Hire Anupam Srivastav.