Yes, the family settlement can be registered at ranchi and the sale can also take place
We have an immovable ancestral property in jaipur. I am one of the co-owner of this property living in Delhi. Other co-owners of this property living in Ranchi. At present I am also in Ranchi Now, May the other co-owner of this property living in Ranchi transfer their share to me by a family settlement? If yes, May this family settlement registered in Ranchi? May I on the basis of this registered family settlement can sale such property?
Deed of family settlement has to be registered in Jaipur where property is situated
then you can sell the property
Ask them to execute MOU and POA in your favor. Unregistered family settlement not valid and will registered only in Jaipur.
But on the basis of MOU and POA, you can sell the property.
- According to Section 17 of the Indian Registration Act, a family settlement that purports to assign immovable property must be mandatory registered. A stamp duty is applicable on such deeds and the amount would depend on the value of the property involved.
- Further , it must be signed by all the parties of the settlement , and any missing signature can easily become ground for challenging the document in court at a later stage.
- Further also , this should be attested by two witnesses, though it is not mandatory.
- Since this property is in Jaipur , hence it is advised to registered it in Jaipur,specially for selling purposes, otherwise it can also be registered in Ranchi as well.
- Yes, you can sell this property on the basis of family settlement and further can also take loan as well.
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No, you have to register family settlement in the jaipur and get relinquish deed on your name.
Register this under sub registrar office of Jaipur where your land appear under that sub registrar or city of Jaipur.
See they can give a power of attorney to register family settlement deed registered in ranchi. Though settlement deed cannot be registered in Ranchi it has to be registered in jaipur only.
The family settlement can be execute in Ranchi itself however if you have to register the same then you may have to register the same in the place where the property is situated.
On the basis of the registered family settlement you can very well sell your share in the property since you will be acquiring the title by virtue of this registered family settlement deed.
1. Registration of property can take place ONLY in the relevant taluka /district and not in any other taluka /district. IF property is in Jaipur, THEN registration of any type of Deed can be executed ONLY in Jaipur and not in Ranchi /Delhi /any other places.
2. You can take a proper stamp duty (500/-) paid registered specific purpose irrevocable Power of Attorney (POA) from the other co-owners and THEN you can register the Family Settlement Deed (FSD) in Jaipur using this POA.
3. AFTER registering the FSD, the FSD & POA can be used for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
The family settlement has to be duly stamped and registered at Jaipur where the property is situated.
Once the same is registered after paying requisite stamp duty you can sell the same, no impediments.
1. The share can be transferred through a memorandum of family settlement which does not require to be registered.
2. Be that as it may, the family arrangement can be registered where is is executed.
Sir as answerd by Sh. Yogendra Singh Rajawat, what is MOU? May I get proforma of MOU and POA? It is not clear to me that on the basis of MOU & POA how I get family settlement registered in Jaipur?
MOU is memorandum of understanding entered into between the parties
2) there is no ready made format . It depends upon facts of each case
3)Special POA can be executed and duly registered in RAnchi by your brothers authorising you to register deed of family settlement in Jaipur
Yes the family settlement deed can be registered in Ranchi.
And you can sell the property on basis of this settlement deed.
Power of Attorney can also be registered at ranchi.
Please contact local advocate for more precise guidance.
See MOU shall not he useful here you get POA and registered settlement in Jaipur. MOU is just memorandum of understanding it cannot he legally enforced.
MOU means memorandum of understanding.
By this you may have to reduce to writing all the conditions that were mutually agreed between both the parties.
POA means Power of attorney deed.
This will be required in case one of the parties is not able to execute or sign the said MOU or any other relevant paper/document in person, can do it through a power agent by this POA on his/her behalf.
Memorandum of understanding. Will be valid proof of execution of POA. POA will authorize any person who can come to Jaipur or is in Jaipur to execute release deed on their behalf in your favor.