• Unregister family settlement deed and register will

Dear Sir 

My Fathers famiy was devided 1964 and  was writen a family mutual under standing deed in that my grand mother have 2 ecares land  which was not shown .After 10 year My grand mother have  seetled the land  in 1975 the  to  my father  on stamp papers with help of rigistar by signing with all brothers and my Grand mother with grand father but unregister  family settlement deed.since then my father have been enjoying property by paying nominal lease to my grand maother which was stated in FSD.in 2008 August My grand mother made a will .
1) In revenue records my father name was  exist there after some years it came to my grand mother name 
2) It was register on grand mother name but in revenue records it was showing one of my grand father  who is my grand father younger borther name later it came to my father name after  we made a injection case in court after few days  in revenue records showing mygrand mother name .

Unregisterd settlement deed liable or not .if not on which basis we can fight in Court 

We are  paid  some money to all of our faher brothers  for which we dont have any eveidnce .
Asked 1 year ago in Civil Law from Nellore, Andhra Pradesh
Hi, if the Settlement deed is not Registered then it has no value in the eye of law  and un register settlement deed in no value in the eye of law.

2. you can claim the property based on the adverse possession.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) your query is not clear at all 

2) it is necessary to peruse documents mentioned by you to advice 

3) if deed of family settlement provide for division of land it is required to be duly stamped and registered

4) you can rely upon deed of family settlement for collateral purposes to show your father possession of land 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
1. If your grand mother has signed a family settlement deed then it will be admissible in court under sec 115 evidence act.

2. promissory estoppel will apply in this case because once a document has singed by a person then it shall not be revocable.

3. it is not necessary that family settlement deed be registered.

Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
case law:

Awadh Narain Singh And Ors. vs Narain Mishra :  it is held by the court that if family settlement is prepared by the family member then it  shall be executed by the court irrespective of registered or not. 

even an oral family arrangement is made merely for the purpose of formal record of the arrangement then its registration is unnecessary.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
in AIR 1976 SC 803 (Kale and Ors. v. Dy. Director of Consolidation and Ors.), the Hon'ble Apex Court has held that even in the matters of family settlements where it is considered proper to reduce the settlement in writing then registration would be necessary.

In view of our finding that the family settlement did not contravene any provision of the law but was a legally valid and binding settlement in accordance with the law, the view of Respondent No. 1 that it was against the provisions of the law was clearly wrong on a point of law and could not be sustained. Similarly the view of the High Court that the compromise required registration was also wrong in view of the clear fact that the mutation petition filed before the Assistant Commissioner did not embody the terms of the family arrangement but was merely in the nature of a memorandum meant for the information of the Court. The High Court further erred in law in not giving effect to the doctrine of estoppel which, is always applied whenever any party to the valid family settlement tries to assail it. The High Court further erred in not considering the fact that even if the family arrangement was not registered it could be used for a collateral purpose, namely, for the purpose, of showing the nature and character of possession of the parties in pursuance of the family settlement and also for the purpose of applying the Rule of estoppel which flowed from the conduct of the parties who having taken benefit under the settlement keep their mouths shut for full seven years and later try to resile from the settlement."
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
The unregistered settlement deed cannot be tenable in the eyes of law. 
But based on the unregistered settlement deed and uninterrupted possession and enjoyment of the property, your father can very well claim the ownership or he can even perfect the title by adverse possession on the above lines.
In addition he may very well state that he had settled amount in lieu of this land to his siblings in front of some witnesses some of which you should create among them from the village.
You should understand one thing that mere name in the revenue records will entitle the ownership or confer title to the holder of the property.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
On the ground of family settlement deed you may fight the case before civil court and also challenged the Will.

Family settlement deed is also acceptable in the eyes of law.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1. Since the deed which you have referred to as a family settlement deed is unregistered it loses its legal character. It is illegal and cannot be enforced in a court of law as a document of creation of rights.

2. The recording of your father's name in the revenue records does not make him the owner if the deed is unregistered.

3. It will be better for you to enter into an amicable settlement with the other legal heirs as a court battle is going to be expensive and may not be successful. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. No Deed or document in connection with transfer of ownership of property is valid and binding without registration

2.With out any evidence of your making such payment, you will not be able to claim your property,

3. You can try to audio/video record their admission that they had received payments for relinquishing their rights on the property,

4. Engage a local lawyer having expertise in this field to handle the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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